IPC 409

Querist : Anonymous (Querist) 05 March 2010 This query is : Resolved
my relative is govt emp .and he is charged with IPC409 and disputed amount is 12L .he is in jail and his family is not having any document all document is in office only which is in hand of that person who large the FIR as he was head of department .now how to get any help from department.
and bail application is alreday rejected from ADJ. now his family wan to move highcourt but problem is same from where they should get evidance and can they go for bail application again infront of ADJ?

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Guest (Expert) 05 March 2010
if its antecipatory bail then no scond antecipator bail is maintanable before the same court.... so u ve to file antecipatory bail in high court after the rejection.... a regular bail application under section 439 crpc can be file in high court after the rejection fr sessions court. Genarally second bail under section 439 crpc may be file before same court who rejected the earlier one... but in second bail no arguements on marits of the case be allowed... only the lawyer ve to show the changes in circumstances...... so it take time..... now question arises that what are the changes in circumstances??? answer is.... i.e. charge sheet filed in court, eye witnesses turned hostile, delay in trial etc. so its better to move a bail application under section 439 crpc in high court, after rejection by sessions court. thanks

Parveen Kr. Aggarwal (Expert) 05 March 2010
So far as the aspect of getting copies of document related to the controversy is concerned, you have stated that it is a government office. Now after enactment of the RTI Act, copies of documents can be applied thereunder and hopefully copies will be provided to you. After going through the documents you may decide the future course of action.