- This topic has 44 replies, 10 voices, and was last updated 1 year, 2 months ago by
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SMy father has been falsely implicated in a big corruption case by his colleagues and seniors and a cbi case has been registered against him by cbi and his other colleagues. He’s been made the scapegoat. He hasn’t even worked in the project yet his name was in the fir. A court case and and FIR registered against him with Charges of criminal conspiracy+cheating+criminal misconduct+ ipc 409.
What could be the most realistic outcome of this case on my father? Impriosnment of more than 10 years? Or what?
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EI meant, if he is in Jail then approx 5 years he will be in jail while the case is going on in the court.
If he is found not guilty then he will be out. If he is the culprit then the judge will decide his prison term.
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SWe can’t talk about anything without knowing the facts of the case. Better consult a good lawyer with experience in such a case.
In the meanwhile, try to gather any and all proof of innocence. Call recordings, sms, whatsapp messages, documents, official records etc.
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SCbi raided our house with a search warrant and took away some documents(bank locker key and id cards ) which can prove my father’s innocence . Can we demand those documents back? Can cbi tamper that evidence?
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SThey must have given an acknowledgement of documents and belongings collected right. Keep that copy safe when claiming your articles back.
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DNAL.
Dude this is way above Reddit. I know someone senior in bank was falsely implicated in some scandal . His daughter used to study with us . The guy went to jail and the family had really hard time. It took them about 8 to 12 years to prove his innocence with lot of money spent both in legal and bribery. Her mother was really strong and made sure the education of kids didn’t falter while running through courts.
I doubt anyone here can advise you or even should be advising.
Get some big shot law firm talk to Investigating officer or talk to some big Neta or your the MP of you constituency.
For innocent people things generally don’t end well in this country
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DI don’t remember exactly as this is a long time back but if my memory serves me correctly it was about 9 /10 years
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Punless you have millions and a group of lawyers, sorry, your father is going away.
doesn’t really matter how much proof of innocent he has. indian judges are nepo hire and incompetent. they literally believe 5 log agar bola hai to jaroor yehi hoga
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Pthis will be a long drawn out situation and i really cant comment on how long simply based on the fact that i do not have enough information on the case.
there are also multiple bns sections dealing with corruption. we don’t even know how many charges were brought against him. depending on the sections, he might be looking for more than 10 years. also if cbi is involved, it generally means it will go in their favour. they play real dirty.
yes i’m a lawyer practicing in one of the high courts in india. i deal mainly with violent criminal cases. my business and life partner deals more with corruption cases.
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S>it generally means it will go in their favour. they play real dirty.
Wouldn’t they be the one finding my father innocent? As they are the investigating authority so wouldn’t they find who’s the real culprits? Wouldn’t they be the one who’ll file a chargesheet? So why Will they play dirty? Do you mean to say cbi will protect the big fish?
>yes i’m a lawyer practicing in one of the high courts in india. i deal mainly with violent criminal cases. my business and life partner deals more with corruption cases.
How many years have you practiced? I asked a lawyer with experience in the corruption cases that reaching conviction takes years and conviction isn’t likely outcome.
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Pno, the onus of proving innocence is on the defendant and his lawyer. i am aware it is not how either police or judiciary should work, because what you said is just common sense: the investigation department should do a fair investigation. but in reality, they are looking to close a case, not solve a crime. those are very different things. also investigation requires rigorous work. often it is easier to just go with what is on the surface because that way, you save time.
your father’s lawyer should work this out. also, yes there are multiple people but each person will be charged separately.
reaching conviction does take time. it depends on severity of crime, but it is possible to indefinitely delay the case. also it will depend on how you will be treated after. your father might not get any work in certain sectors and profiles because there is a case against him.
i have around 4 and half years of experience.
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SIf this is real then please stop karma farming and actually get a lawyer dude.
You’ve been posting this for months now across different sunreddits. And you seem to have zero motivation to actually find a solution or even engage a lawyer.
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SNo this isn’t farming. My father has now started to look for a lawyer but I’m just anxious what can happen in the future?
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SHow old are you OP?
If you’re an adult (18+) then get your shit together. This is shit hitting the fan. This is those times that can make or break the rest of your life.Don’t “wing it”
Don’t “go with the flow”
Get your shit together and get a handle on the situation and start talking to lawyers and learning from lawyers and youtube for possible strategies.
This will consume the rest of your father’s life and yours too if not tackled with proactiveness.
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SCan you tell me all what can happen? Lots of money spent? Or will my father be imprisoned for life? Will he have difficulty in getting bail? Running to courts? (Our court is in a different city). Yes I’m an adult but are you a lawyer? Please tell me what all can happen?
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SCan you name what sections of BNS or IPC is alleged against your father?
I’m not a practising lawyer but have a lot to do with courts and cops because of my business. We have a law firm on retainer.
My wife is a practising lawyer for the government.
My best friend is the right-hand-man for a very reputed senior advocate who mostly does criminal matters.I am known as a heavy litigator in my industry for not letting anyone run away with my money. So constant court cases and police cases.
When I was younger I had somewhat of a violent streak and had to again engage with cops and lawyers to save my ass.
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SHis name was in fir along with other colleagues. Total 20 people was named and his name was at top 5. His department wants to scapegoat him
Suspected offences were criminal conspiracy 120B+ cheating+ criminal misconduct. In fir also it was written a possibility of criminal breach of trust by public servant and criminal negligence. Is life imprisontment possibility? Or sentence of more than 10 years? Last time I posted some lawyers were saying bail can be given on non bailable offences and life imprisontment in corruption cases is rare. Also this is going to be a long drawn out situation.
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SOkay this is going to be a long response.
TLDR –
Yes there are cases of 10+ years of imprisonment. Can’t say for sure until chargesheet is filed.You can get bail in non-bailable offenses too.
At best your father will be accused of willful misconduct or negligence or criminal breach of trust by a government officer. Even if your father didn’t receive a penny.
Your father needs to be honest and call a spade a spade.
Gyaan —>>>
To keep it simple, in a bailable offense the cops have power to give you bail. In a non-bailable offense you have to prove that you will not runaway to a court and a judge has the power to give you bail.You can get bail in both bailable and non-bailable offenses.
This makes me understand that the chargesheet has not been filed. And this may be a corruption scam.
Even if you father was not a beneficiary of the money/reqard/bribe – he may have signed documents or be in an ancillary department which (in the eyes of the law) SHOULD have known about the scam and informed relevant authorities.
Essentially the best case scenario is that he is blamed for negligence and willful misconduct or criminal breach of trust by government officer – all of which carry a varying sentence from 3 to 14 years.If your father has had a clean record in the past and he turns approver – as in gives info to rat out his colleagues then he may see no sentence or a shorter sentence.
Unless this gets a lot of media attention – realistically he should get bail or the time servied in prison will be reduced against the final sentence.
You will need a lawyer of your own. The government lawyer may be orchestrating the strategy to safeguard the big fish.
If your father knows shit he NEEDS to rat out his colleagues or make peace with the fact that not rating them out will directly cause him to spend time in jail, possibly for a long time.
I was closely associated with a case by the government (railway department) against this client of mine who had Essentially taken over a railway warehouse and gotten a private railway track into his warehouse from the nearest train station. All of which was paid by the railway department.
And this client had been running this factory (at the railway warehouse) for atleast 30 years.
I knew the client well, and by chance his lawyer is a close friend of mine so i could get more inside info.
Basically the railway claimed that this man has taken over the warehouse and illegally doing operations there ans has a private railway track and that this company needs to be evicted and the railways need to compensated for the last 30+ years of occupation.2 junior officers lost their job and one of them had to spend sometime in jail.
The actual culprits and the beneficiaries of the “deal” has retired years ago and had to face zero repercussions.
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SSo realistic punishment is basically 10- 15 yrs of jail? And it can be reduced and my father can get bail?. Although chargesheet isn’t filed and his case didn’t get a lot of media attention.
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SBail can be gotten BEFORE he is sentenced to prison.
If he is in prison then you get general visitation rights as family members.
After he is sentenced there has to me extreme and rare circumstances for him to get bail. This generally is given for occasions like marriage. Death of spouse or parents or child etc.
List of problems –
– your father goes away. His absence will be felt.in numerous ways and once he is back that is a separate learning curve
– his source of income and retirement also goes away. Financial stresses if there aren’t more working members in the family.
– issues with marriage for you and your siblings. As people will look down upon the fact that your father is in jail.
– societal bullying. By relatives and neighbors.
– If you’re living on rent and change places then again this will be an issue
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SAfter sentence imposed on him by judge can sentence be reduced?
>Bail can be gotten BEFORE he is sentenced to prison.
Can it happen that the case will go on and on and it will take years to reach conviction i.e imprisontment??
Are you sure he will get 10- 15 years jail? Or this will depend on his role on the project??
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SSentence reduction is a rare thing and not given as a standard rule.
On the limited information available I can guesstimate 3-15 years of prison Sentence. Depends on Role allegations, politics by higher ups, bribery by the actual beneficiaries.
Yes it will take a few years to reach convicted but imprisonment can happen after chargesheet is filed too which again can take time or done swiftly depending on the Powers that be. Generally CBI has to file a chargesheet within 1 years of filling of complaint with cbi. And generally this happens in high value cases or departments under court supervision so unless involved parties can bribe to the tune of multiple crores you can expect swift action of under 6 months from date of complaint.
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PCBI does play foul, they’re known for it. Not sure about tampering but legally they’ll sure mess it up
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SRealistically, people up there already know the scam, the reap scamsters and the scapegoat ie your father. Theu have already planned to gain from the corruption. They can only get money from the perpetrator not from scapegoat.
Theu will knowingly and willingly penalise him. If the judge is also hand in gloves with them, you need to move higher court. If not, you may end up fighting the case for long long time with a minuscule hope of getting out of it. If not, he ll be penalised. -
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