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SMy father is falsely implicated by a vigilance officer related to a corruption case on a project my father wasn’t even part of. A cbi case has been registered against him and serious charges are levelled against him like criminal misconduct+ cheating+ipc 409 which could result in life imprisonment
Any lawyer which could tell if my father will go to jail for life if he’s made the scapegoat?
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BLawyer here (with experience in corruption cases).
This is likely to become a long drawn out situation and getting the right legal advice in both the departmental action and the criminal action is crucial. -
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TNow that CBI has registered a case, hope bail is not an issue as that becomes your immediate priority in the short term.
Coming to merits of the case, can’t make any comments unless one sees the papers. It’ll depend on whether a chargesheet has been filed and is your father one of the accused? Has the court issued summons on the basis of that chargesheet?
If the answer to all the above is a yes, then one could go to the HC for quashing if what you’re saying is true that it’s an open and shut case in your father’s case. But must tell you that it’s extremely difficult to get it quashed at this stage itself and has downsides to it if you don’t win. CBI usually is a more diligent agency than say ED and will probably have statements or documents.
Other options are to fight it out at trial court first for discharge (followed by challenges, if any to appellate courts) or during the trial if you don’t succeed at discharge.
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TOne can only show it’s innocence during the trial. One either gets discharged/acquitted or convicted. One way of doing it is by showing false implication but the responsibility to prove it will be on you and can be done only during appropriate stage of the trial. Other way is to show improbability/loopholes of the case.
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TYou asked whether life imprisonment can be awarded, I said yes in case of conviction. However, conviction and sentence are two different things. Sentence will depend on the role, gravity of offence, facts of the case, previous antecedents etc. So just because one has been convicted of 409 IPC doesn’t necessarily mean life imprisonment.
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TThat’s not what I said. It will depend on facts and circumstances of the case. Usually life imprisonment for 409 IPC doesn’t happen but again like I said will depend on facts of the case.
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SIn the above charges will my father remain in jail as undertrial because these offences are non bailable?
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TDepends on what’s the stage of the case. Has only FIR been registered and investigation is ongoing or chargesheet has been filed?
If investigation is ongoing and yet to complete, see how CBI is conducting investigation. Is there an apprehension? What’s the status of co-accused persons, Is he cooperative with investigation etc. If you think he’s likely to be arrested then you can go for anticipatory bail. If he’s arrested then he will get bail from the court. Depending on facts, will get bail before/after filing of chargesheet.
If the chargesheet has been filed and your father hasn’t been arrested yet then he won’t be arrested. Court will easily grant him regular bail.
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BLawyer/ Since I understand this question is coming from your anxiety. Life imprisonment, in cases of corruption is rare.
Secondly, conviction is not the more likely outcome.
Thirdly, any trial of this kind takes years to conclude.-
SIn the above charges will my father remain in jail as undertrial because these offences are non bailable?
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BThat is not what “non-bailable” means. Non bailable offences are those in which only a court (not the police directly) can grant you bail. In most cases of governmental corruption people get bail.
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SThanks for replying but i just wanted to ask what would be the fees of a non senior experienced lawyer for a cbi corruption case?
What would be the fees if the case is complex and is in cbi special courts chandigarh ??
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BChandigarh is one of those cities where lawyers and clients both often charge on lump-sum basis hence this is hard to say.
But a competent and reliable mid level (10-15 years exp) lawyer should be around 20k per hearing approx.
An entire bail application filing and arguments should not cost more than 40ish if you’re able to keep it economical.
Sometimes when the trial court doesn’t grant bail people appeal to the HC that would be maybe 50k in total. (Some also come to the sc which would again be 50k-1L for the entire case) (if all of this done by lawyers between 10-15 years of exp).
The trial itself moves slowly and there isn’t much to do until chargesheet is filed. The hardwork in the trial happens when witnesses and examines and cross examined.
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SActually my father is accused of approving poor quality material in construction of a building which resulted in loss of 310 crores by his vigilance department, he was an AGM during the project,a total of 20 people are accused in this case, an cbi case has been registered against him with Charges like 120b,420 and criminal misconduct pc act 1988 and a possibility of ipc 409. So what would be the fees for a competent lawyer in cases like these?
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Edo you think your father has certain vulnerability? having a different trait than others? any kind of, caste, color, religion or anything?
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