Can we apply again to the session court with the payment recovery details-420 case
5 years ago
Pls pls pls help?The complainant(Lady-63yrs)approached to my retired husband(59yrs), and asked to look for govt job for her son. My husband(2nd accused)made the complainant meet to one of his ex-colleague(1st accused). Where he promised to help to get a job and asked for some amount for the job process. Claimant gave 2lacs to the 2nd accused wer my husband was witnessed. Claimant didn’t get the money back neither job. Now my husband is in judicial custody since 19/12/2018. In magistrate and Session courts bail were rejected. We have paid our part 1lac to the claimant, wer the claimant is asking more 50k from both accused. Cops will provide charge sheet after 30-55 days. Can we apply again to the session court with all the payment recovery details of 1 lac? Is it risky? Or do we have to wait for the cops charge sheet,? If rejected, it will go to HC, so do we have to wait again for 3-6 months? Pls help, as no one is guiding us properly neither lawyer neither cops. We cannot afford more, we have already paid a lot to the lawyer and many of them.
Shreyash Mohta
Responded 5 years ago
You can approach to the sessions court and plea for bail whereby in m y opinion the court will allow bail [most likely with surety]. The bail prayer should not be rejected because you have showed complete bonafide interest by repaying your due sum to the complainant.
Do no worry and apply for bail and then see what happens. As per law the general rule is "unless the accused is proven guilty he should get bail and not jail' going by that logic and the bonafide approach shown by the accused number 2, bail prayer may be allowed this time.
Hope this helped.
Shreyash Mohta
To avoid unnecessary trouble you have paid the amount with admitting the alleged guilt, so saying you may again approach the Sessions Court or the High Court seeking bail. It will be allowed.
For full procedure contact me on mobile through Vidhikarya.
First the answer is yes.
Second there by you are admitting the fact and you have paid 50 % of what you had received.
better you pay the rest and finish the case there it self.It can be prolonged if you like.
Simple.
Shanti Ranjan Behera
Advocate
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