Anticipatory bail for innocent in a bank fraud
anita
(Querist) 12 August 2015
This query is : Resolved
Case detail is as follows ---
My friend is working in a bank. A fraud in loan sanction against the LIC policy happened 3 years back and it came up last year through audit. At that time my friend was just joined that Branch. Already a Chief Manager was there in the Branch who was the sanction authority. In the fraud an external gang was involved. The sanction paper is missing that was signed by the Chief Manger and there is false address of loanee in the bank record. My friend has not sanctioned the loan and the peon has signed as introducer. Bank filed FIR against fraud in which no name of the accused is mentioned.
The main 2-3 accused of the gang were caught and arrested but now they got bail by paying fine. In the process of investigation the peon (introducer) presented before the Judicial magistrate and gave written statement that the Manger (my friend) has told her to sign as introducer and the statement was recorded under 164 CrPC.
Based on that statement IO has sent notice to my friend to appear in the police station. My friend consulted an advocate who suggested not meeting he IO at police station because Police may arrest him. Then he suggested for filing petition for Anticipatory bail (AB). Petition was filed at lower court, but the AB was rejected. Then the advocate suggested to move and file petition for AB at High court, it was accordingly done but at this level also AB was rejected on the ground of statement given by the peon. And in the judgment it is written that the judge is not inclined to give benefit of section 438CrPC to the petitioner.
Advocate suggested to meet IO and say that get written receipt that you are cooperating IO in the investigation to avoid the arrest situation. My friend called IO , then IO said sir if you will visit Police station then I will be compelled to arrest . The prayer of warrant issue filed by the IO in the court has been rejected by the court.
Afterwards we consulted the legal advisors, who said that it was not the matter of AB and the case was wrongly proceeded from the lower court itself.
Recently we consulted the senior advocate, and he said one chance can be taken by filing revision petition by saying that ‘ it was not my intention and I’m ready to repay the fine amount”. But again the advocate said that it has only 1% chance that the AB prayer will be accepted. My friend is innocent.
Dear experts urgently we need suggestion on these points-
- What are the legal options / provisions/ sections that will help my friend to avoid arrest and he will not loose his job.
- If there is chances of revision petition what should be the content / matter to make it certain that the AB will be granted/accepted.
thanks
SAINATH DEVALLA
(Expert) 12 August 2015
Afterwards we consulted the legal advisors, who said that it was not the matter of AB and the case was wrongly proceeded from the lower court itself.
"Recently we consulted the senior advocate, and he said one chance can be taken by filing revision petition by saying that ‘ it was not my intention and I’m ready to repay the fine amount”. But again the advocate said that it has only 1% chance that the AB prayer will be accepted."
THE ABOVE PARAGRAPH IS ABSOLUTELY CORRECT,NOTHING MORE TO ADD
anita
(Querist) 12 August 2015
Dear Sainath Sir kindly advice What are the legal options / provisions/ sections that will help my innocent friend to avoid arrest and he will not loose his job.
R.K Nanda
(Expert) 12 August 2015
consult local lawyer.
SAINATH DEVALLA
(Expert) 13 August 2015
Don't keep on mentioning the word "MY INNOCENT FRIEND",UR friend being a Manager of a Bank,is absolutely responsible for any irregularities,whether he is involved or not.
Rajendra K Goyal
(Expert) 13 August 2015
High court has rejected the AB, in such case your friend has limited options. IO can help if his investigation shows the innocence.
anita
(Querist) 13 August 2015
Sir please suggest us how to go about for getting help from I/O ?
SAANJAAY GUPTAA
(Expert) 15 August 2015
You can approach Supreme Court through slp.
