(Guest)

Remedy

Hallo to all Ld. Seniors.

One of my friend is Chartered Accountant by profession since last 5 years. During his initial period of practice ( Partnership with the Senior CA) they got some certification work. One of Person of the Accused came to his office and show some IT Returns Full Set Including B/S, P/l A/c., Saral Form Challan, and ask for certified the Xerox from Original Copy. This practice continue for the about 6 month. After that the Accused Person was no more in touch.

The Person of Accused is absconding, because of his boss was Charged Us/ 465, 467, 468, 471, 474, 420 & 120(b) of IPC

The Accused arrested on the above case and after 1 month he got the Bail, The Accused modusoperandi is that certify the returns from the Chartered Accountant and availa a Housing Loan from Nationalised Bank. The matter open when Installment not paid on time so this case was hand over to the Economic Offence Wing, Mumbai.

Now my Friend (CA) got an summons from the EOW for recording of Statement & Examination.

My question is that??????

1. Will my frined arrest?

2. Will his senior (CA) arrest?

3. Will he get immediately bail from court as he is Chartered Accountant?

4. How to handle this case?

Early response to this query highly appreciated

Thank you

Reply Follow

7 Replies

PARTHA P BORBORA (advocate) 04 July 2009

he as well as this senior may be arrested. both of them committed professional misconduct.

the bail matter shall be desided by a court of law purely on merit. bail may be granted or may be refused on the discrition of the Court.

there is no separate provision for bail for a particular class of people. if he committed a non bailable offence he may be sent to judicial custody. pl consult with a local criminal lawyer and request him to file an anticipatory bail if possible.

(Guest)

Thanks for your valuable suggestion sir.

One more thing the Investigation Officer warn over the Phone that to of One of the CA that he should not go for the Anticipatory Bail U/s 438 of Cr. P.C.

Why he said like this?

PARTHA P BORBORA (advocate) 05 July 2009

i do not know. but if the offebnce is a bailable one there is no neet to for a anticipatory bail. pl consult a local Criminal lawyer as soon as possible.

(Guest)

In this case the case is registered U/s 465, 467, 468, 471, 474, 420 and 120 (b) of IPC.

I think 467, 468 & 120 (b) of IPC is Non Bailable

PARTHA P BORBORA (advocate) 06 July 2009

yes sections 467, 468 & 120 (b) of IPC areNon Bailable. but u may file an application seeking a prearrest direction(anticipatory bail) before the Sessions Judge or the High court. pl consult with a local criminal lawyer as soon as possible.