Legal Question in Criminal Law in India

Hi, my father's case is going on in high court. He had to pay 23 lakhs to the complainant, of which only 9.5 lakhs are remaining.

The case was such that he was a property agent for plots of land, however, one of the scheme he was selling for was not completed on time and the main property scheme owner turned out to be fraudulent somehow. So the buyers started harassing my father and filed a case against him though he was just an agent. But my father got scared of jail to an extent that to get the bail, he surrendered and gave in writing he would pay off the money.

He was paying as and how he could and was getting extensions from court. Before few months, he had got a last extension until 31st may from high court of Gujarat. However, the amount is still not arranged. What could be the outcome if he is unable to pay the remaining on the due date? Or what should he do to save himself from going to Jail?


Asked on 5/19/17, 1:43 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Dear Sir

Was the payment of 23 lack to the Complainant, one of the condition on which the Bail was granted to your father. If that be so, then the bail of your father can be cancelled on the ground of breach of condition. The copy of FIR and the order granting Bail need to be seen to advise you appropriate course of action.

Just for your knowledge, the Hon'ble Apex Court has held that such condition of deposit of amount should be made condition of bail, so in the event your bail is cancelled by the high court, then you can appeal to the Apex Court In alternative, you can also move an application before the High Court for modifying / cancelling the condition of Bail or for further extension of time.

Feel free to contact should you have any questions I practice in Gujarat High Court.

Regards

Vivek N Mapara

www.vnmlaws.com

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Answered on 6/01/17, 4:07 am


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