chances of bail and punishment

566 votes

Your cousin's situation seems quite serious, involving charges under Sections 420 (cheating and dishonestly inducing delivery of property), 406 (criminal breach of trust), and 34 (acts done by several persons in furtherance of common intention) of the IPC, with a substantial amount of ₹1 crore involved. *Understanding the Charges* - *Section 420 IPC*: Cheating and dishonestly inducing delivery of property, punishable with imprisonment up to 7 years and fine. - *Section 406 IPC*: Criminal breach of trust, punishable with imprisonment up to 3 years or fine or both. - *Section 34 IPC*: Acts done by several persons in furtherance of common intention, making each person liable for the act. *Possible Next Steps* - *Bail Application*: Your cousin's lawyer can file a bail application to seek release from custody. The court will consider factors like the severity of the offense, evidence, and likelihood of the accused fleeing. - *Investigation*: The police will continue investigating the case, gathering evidence, and recording statements. - *Trial*: If the court finds sufficient evidence, the case will proceed to trial, where the prosecution will present its case against your cousin. *Key Considerations* - *Evidence*: The prosecution's evidence will play a crucial role in determining the outcome. - *Legal Representation*: It's essential for your cousin to have a strong legal team to defend his case. - *Cooperation*: Cooperating with the investigation and providing necessary documentation can help build a stronger defense. Given the complexity of the case, it's advisable for your cousin to consult with a lawyer specializing in criminal law to get personalized guidance and representation ¹.

Advocate Narasimhachar M K LawRato

942 votes

Your cousin has been booked under serious charges: IPC Section 420 (cheating), 406 (criminal breach of trust), and 34 (common intention), involving an FIR amount of ₹1 crore. Since he has been in Mumbai jail for 3 months, it's important to act promptly. You should immediately consult a criminal defense lawyer to file a regular bail application in the Sessions Court or High Court if bail has been denied earlier. If investigation is complete and charge sheet has been filed, courts may consider granting bail. Additionally, review the FIR and evidence for possible grounds for quashing the FIR under Section 482 CrPC, if falsely implicated. A strong defense strategy should be built considering the gravity of the financial allegations.

Advocate Kishan Dutt Kalaskar LawRato