Fir us 409
Himadri Shekhar Bhattacharjee
(Querist) 02 February 2012
This query is : Resolved
Sir,
An FIR under section 409 was registered against my friend, more than one year back. Since, due to financial constraints, he cannot afford engaging a lawyer and apply for anticipatory bail etc. please help by suggesting remedies to get out of this. He has all the documents in support of his innocence.He was allowed an extension to submit his reply to 'remarks call' made by his bank and he duly sent his replies within the stipulated period. But, the bank, without waiting for the reply registered FIR one month before the due date given to him in writing.
Thanks.
Nadeem Qureshi
(Expert) 02 February 2012
Dear Bhattacharjee
as per my opinion in this matter, you need an anticipatory bail application with the best ground & supportive judgement, in this regard you or your friend can call me.
I can provide the Bail application with affidavit along with supportive judgements.
feel free to call
Raj Kumar Makkad
(Expert) 02 February 2012
#Nadeem every expert has plenty of format of bail application and affidavit but it is not good to use this site for personal gain.
Anyway, engage a lawyer and obtain AB and then wait for charge-sheet.
V R SHROFF
(Expert) 02 February 2012
I agree with opinion of Mr. Makkad. .
Under this circumstances, Nadeem , it is not correct to help anyone,
do you think, he can file Bail Application without engagng the Advocate??
Do you think, hs Advocate is not capable to file bail Allication.
Nadem, only help those who need it , not such person, who want to use it against a Advocate, harming our own brother Advocate, at our cost, and against the community of Advocate, Such Querist trying to obersmart us.
Avoid such query with a short reply, Inever say you do not reply. avoid free consultations who want to fool the brother Advocate at our cost.
PLEASE ACT SMART.
Devajyoti Barman
(Expert) 02 February 2012
Yes it is still not too late.
Ask your friend to apply for anticipatory bail.
If it is Calcutta High Court where the bail application would lie then it should not be much of a problem as the Calcutta High Court is quite liberal in dealing with frivolous FIRs.
M/s. Y-not legal services
(Expert) 02 February 2012
i think your friend have good luck. otherwise more than a year he cant escap from arrest.
just check it, whether any warrant is pending or not.. get a.b without any delay. or recall the warrant.
dear nadeem., are you feel very bore? without having any case?
-tom-
Shonee Kapoor
(Expert) 03 February 2012
The bantering is OK, but the query has been sufficiently answered.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 03 February 2012
My suggestion is the other way. Your friend may file a quash FIR petition before the High Court canvassing the merits of his case. Or else, as you said your friend is quite capable of defending himself with supportive documents to prove his innocence, he may seek a High Court direction for early completion of investigation and filing of Final Report within stipulated time and get ready for trial. Since even if he applies for anticipatory bail, he cannot escape the trial process in future.
Himadri Shekhar Bhattacharjee
(Querist) 06 February 2012
I strongly oppose the remarks made by learned Mr.V R Shroff. I am not trying to outsmart anybody and I intended to help my friend using this forum since, he is not financially capable of engaging a lawyer. Any way, if it has intrigued you people in any manner, I am sorry for seeking to draw your attention.
Thanks.
Himadri Shekhar Bhattacharjee.
