CLIENT COUNSELLING S.N.

AMRESH KUMAR

ROLL No. 1405

BBA.LLB (Hons)

NAME AND DETAILS OF CLIENT:

 Ravinder Kumar
 Age 37, Male
 S/o- Late Bhubneshwar Mandal
 R/o- Village- Barmasia Buddha Chowk,
 P.O- Katihar,
 District- Katihar
 Educational Qualification- B.Sc, P.O Bank, Madhya Gramin Bank (since 2012)

FACTS OF THE CASE:

 Ravinder Kumar is B.S.C degree holder by education and he is working as
Probationary Officer in Madhya Bihar Gramin Bank. He got selected as P.O in 2012.
His first positing was in Patna, his second posting was in Kaimur district, Bhabhua,
He continued at Bhabhua for next 2 years as a Marketing Officer. Thereafter, he was
transferred as Branch Manager, Bihar Sharif.
 The problems have developed during his posting at Bihar Sharif in Madhya Bharat
Bank. Being a Branch Manager he has sanctioned the loan about 50 to 60 persons. All
loans belong to Kisan Credit Card.
 Since 2015 onwards he has started sanctioning loan and advance towards Kisan Credit
Card. But, in the year 2017, he ascertained that there were discrepancy in sanction and
advancing the loan.
 The entire problem has arisen by virtue of repeated complaint by local Mukhiya who
not only himself rather instigated the local farmer to make public complaint at every
level, as a result of which enquiry was set up in which it was ascertained that
irregularity as well as illegality have been committed of the following nature:-
1) Land Possession Certificate (LPC) was submitted which were fake.
2) Fake mutation receipts issued by the circuit officer were submitted.

Upon receiving the application from the applicant verification about the entries made in the
application form have been made. The verification of the documents attached with the
application form are not necessary. Such verification are used to be made by virtue of the
physical meeting of the applicant as well as the physical inspection from the (local
government officer) from where those documents were issued. For such verification there is
specialized authorized officer of the same, especially known as the field officer of the Bank.

Page | 1
Upon his verification and communication the Branch Officer passes and sanction the loan.
The total amount involved and ascertained in these irregularity and illegality was
approximately 50 Lakh to fake persons.

As a consequence of this, he was suspended on 22/07/2017. After suspension, he was issued

charge memo. In the charge memo, there was indication of departmental proceeding. In
departmental proceeding he was dismissed. The departmental appeal was dismissed. The
review against the appeal was also dismissed. Due process in departmental proceeding was
followed.

He has taken loan of 30 Lakh. House was already under mortgage. Notice came on house as
well as car. Still 25 lakh is due. After his suspension, there was criminal case against Branch
Manager. Charges are under section 420, 409, 406, 120B I.P.C was alleged.

Three charges was there. He first filed for Bail. The bail petition was rejected in the session’s
court of Bihar Sharif. Then he came to High Court. Bank than revoked the suspension and
then gave it for remittance. He thought that now he has joined the job. Again the
departmental proceeding was preceded. The bail in high court was rejected. After joining the
worked for almost 6 months. He then got compulsory retirement in the year 2018.

Anticipatory bail from high court has been rejected, which has already been lapsed (i.e. 3
months) and then a further period of 4 month has also lapsed.

Problems:

1) He want to prefer appeal against the highest authority so that the charges should end.
2) He has preferred a case before DRT to solve the problem relating to court.
3) He want to appeal against rejection of bail.

APPLICABLE LAW

Charges framed against him are under :-

i). Section 120B of I.P.C -Punishment for Criminal Conspiracy

ii). Section 406 of I.P.C – Punishment for Criminal Breach of Trust

iii).Section 409 of I.P.C – Criminal Breach of trust by public servant, or by banker, merchant
or agent.

iv). Section 420 of I.P.C – Cheating and dishonestly inducing delivery of property

He filed anticipatory bail under Section 438 of the Cr.P.C, 1973.

COURSE OF ACTION

There would be three cases going on:-

Page | 2
  First he needs to prefer appeal against the highest authority so that the charges should
end.
 Secondly, as the client wants to prefer an appeal before the highest authority against
the criminal charges framed on him as under section 120B, 406,409 and 420 of the
I.P.C. Hence an appeal should be presented before the higher authority regarding the
criminal charges charged against him. After a court has convicted and sentenced a
criminal defendant, the defendant may file an appeal to a higher court, asking it to
review the lower court’s decision for legal errors that may have affected the outcome
of the case. If the appellate court grants the appeal, it may reverse the lower court’s
decision in whole or in part. If the appellate court denies the appeal, the lower court’s
decision stands.
 Thirdly, A case before the DRT should be filed relating to the debt recovery which is
still due as 25 lacs against my client.

PROBABILITY OF RESULT

There is probability of getting anticipatory bail in the highest authority of the court as the
concept of bail flows from the right to liberty which is sanctified as one of the fundamental
rights in the Constitution of India in Article 21 and its practice prescribed in Article22(2) as a
working theorem and its corollaries in the provisions of Sections 436, 437 and 439 of the
Code of Criminal Procedure, 1973 with a new multiple of Anticipatory Bail thrown in to be
resolved into infinite kindly factors by the developed minds of judges imagining what the true
state of facts would have been to balance for the time being the agonies of the supposed
wrong-doer and the wronged.

Application of Bail: Anticipatory bail is literally applied for ‘in anticipation of arrest'. It is a
direction to release a person on bail, issued even before the person is arrested. If the accused
has a reason to believe that he or she may be arrested on accusation of having committed a
non-bail able offence then he or she has the right to apply for an anticipatory bail in the
Sessions Court or High Court. One may apply for anticipatory bail after learning about a
criminal complaint made against them to the police by their wife, or by any threats made by
his family against themselves and their family. It is also important to know whether, in cases
where the FIR has been filed, the offence is bailable or non-bailable. While in the former bail
in granted as a matter of right, the grant of bail in the latter is based on several contingencies.

Procedure for applying for bail: The public prosecutor will talk to the police officer
concerned. If there is no FIR filed, the PP would be of the view that there were no grounds
for granting anticipatory bail. The judge will agree to this and your lawyer will be verbally
asked to withdraw the anticipatory bail. The lawyer will make an oral prayer for seven days
pre-arrest notice in case the police formulates an intention to arrest. In all the above cases,
judge will grant plea. An order will be passed accordingly. This is called the ‘notice bail'
commonly. If the bail application is rejected in the Sessions Court then it would be applied in
High Court. If the High Court also rejects the bail, then further application on Supreme Court
is permitted. In cases when the FIR has been filed, the Investigating officer will send a notice

Page | 3
of arrest. As soon as that notice is received, one should apply for anticipatory bail following
the same procedure as stated above

Grounds for Appeal: Potential grounds for appeal in a criminal case include legal error,
juror misconduct and ineffective assistance of counsel. Legal errors may result from
improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to
support a guilty verdict. To grant the appeal, the appellate court must find that these errors
affected the outcome of the case. If the errors would not have changed the verdict, they are
considered harmless, and the conviction will stand. A conviction may also be appealed if the
defendant reasonably believes that the jury conducted itself improperly during deliberations
or the trial itself. Jury misconduct includes the use of experiments, drug or alcohol abuse
during deliberations or trial, and improper communications between jurors and witnesses or
counsel.

Finally, criminal defendants often appeal their cases when they feel that they were not
provided with adequate representation. To succeed in an ineffective assistance of counsel
claim, a defendant must typically prove that but for their counsel’s actions, the outcome of
the case would have been different.

In this factual matrix, the client can claim that he was not given with the proper adequate
representation as the main contention apart from other grievances.

Cr.P.C contains elaborate provisions on appeals starting from Section 372 to Section 394.
The word “appeal” has not been defined in The Code of Criminal Procedure, 1973,
(hereinafter Cr.P.C), however, it can be described as the judicial examination of a decision,
given by a lower court, by a higher court. Generally, same sets of rules and procedures are
employed to govern the appeals in the Sessions Courts and High Courts (highest court of
appeal in a state and enjoys more powers in matters where appeal is permissible). The highest
court of appeal in the country is the Supreme Court and hence, it enjoys the most extensive
discretionary and plenary powers in the cases of appeals. Its powers are largely governed by
the provisions laid down in Cr.P.C, Indian Constitution, and the Supreme Court (Enlargement
of Criminal Appellate Jurisdiction), 1970. Hence, the client might get the appeal approved
from the higher authority and then other legal recourse will be taken henceforth.

NEXT COURSE OF ACTION

Client can file a separate criminal case against the highest authority like; field officer who
had done the physical inspection and provided false information to the bank manager and
other government officer who had done the verification of the document and issued the
document to the fake person, on the basis of which bank manager sanction the loan amount to
the fake person.

Client can also file a case before Debt Recovery Tribunal for recovery of debt as still 25 Lac
debt is due on the client.

Page | 4