Falsely implicated and arrested
I have been falsely implicated and arrested on 12/05/2013, u/s 419/420/468/471/120 B for cheating of about 21 candidates to provide govt. job. Whereas the co-accused was prosecuted u/s 420/120 B only and the same was changed by Hon'ble Court on charge and he was then prosecuted u/s 420/468/471/120 B. My interim bail was granted by Hon'ble Sessions Court on the ground to deposit 4 Lacs in a way of FDR. I had arranged the money but due to non having a/c details, CIF etc. in the order, the same was refused by the SBI. The matter was brought into the kind notice of Ld. Judge for 3 consecutive days. On the last day, the matter was listed in different Sessions Court and the same was dismissed and then I surrendered before the jail authority. I became victimized because of not having clear instruction in the order and the bank was right at its point. Then I challenged in the Hon'ble High Court of Delhi where Ld. counsel for the State said that the total cheating is from 5 candidates is of Rs. 6.5 Lacs and my wife agreed to pay Rs. 5 Lacs to avail bail. The same was arranged and deposited on 5 Dec. 2013 in a way of Pay Order as was ordered, but on 10 Dec. 2013, the counsel for the State said that some more candidates have approached to IO with the same complaint and the matter was fixed for 9 January 2014 and in which I was ordered to deposit more Rs. 1.5 Lacs and after depositing the same I was granted bail.
The order is as:
The learned Additional PP, on instructions from the Investigating Officer, who is present in the Court, states that the amount of cheating involved at the time the charge sheet already was filed before the trial court was Rs.6.50 lakh though investigation into the complaints received from other investors is in progress and a supplementary charge sheet is likely to be filed within two (2) months. Rs.5.00 lakh have already been deposited by the petitioner. A sum of Rs.1.50 lakh be deposited by him within eight (8) weeks from today. The petitioner is, therefore, admitted to bail on his furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of trial court concerned subject to the conditions that (i) he shall not leave the country without prior permission of the concerned Court, (ii) he shall deposit his passport, if any, in the trial Court along with bail bond, (iii) he shall inform the Investigating Officer as well as the concerned Court before changing his address (v) he shall provide his mobile number, if any, to the concerned Court while submitting the bail bond. This order would be valid only till the time a supplementary charge sheet, if any, is filed against the petitioner. Thereafter, the trial court will take a fresh view on the continuance or otherwise of the bail on the basis of the supplementary charge sheet.
The bail application stand disposed of.
Sir, please advise me on under given points:
1. Whether it was my mistake.
2. Whether it is in the interest of justice.
3. Can I get compounded interest against my Pay Order? To me I would get compounded interest in FDR. Can the Pay Order be converted into FDR.
4. The complainant has stated that he had given Rs.2 Lacs for the purpose to the co-accused and on bail hearing the co-accused said that he has compounded the amount with the complainant and he then granted bail.The complainant want to compromise.
5. Can mediation cell help me in these u/s of IPC and whether the FIR be quashed by Hon'ble High Court.
6. Whether in such condition I would also have to pay the others/witness whereas no record of payment is available. All have stated that they had given the amount to the co-accused. The co-accused and the complainant are friend also.
7. What is the meaning and effect of supplementary charge sheet? Whether as stated in the bail order, what would happen after submitting of supplementary chargesheet by IO in case others will state that they had also given amount to us? Whether my bail would cancelled. In such condition kindly advice me what to do and for what I would have to be prepared. I have to join a new venture and because of this condition I fail to take decision.
8. I am unable to appoint any more counsel as I already taken loan to deposit the amount for bail.
Sir, kindly helps me in the above regard. I would be ever grateful to you.
Asked 3 years ago in Criminal Law from New Delhi, Delhi
I think it is better to talk to some lawyer with all your papers and details, as a strategy is needed to form tactfully in the matter.
Advocate, New Delhi
contact a lawyer personally
Advocate, New Delhi
Your case requires a thread bare perusal of all the documentary evidence that has been produced in the court against you. It is, therefore, strongly recommended that you talk personally to a lawyer and acquaint him with the facts in a chronological order so that he may chart out a legal recourse which will subserve your legal interests.