One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: In economic offence cases where investigation is complete, no recovery is pending, and the accused had a limited role, the High Court can grant bail even if the Sessions Court rejected it. The key is to separate the individual's role from the total scam amount, especially when the main accused are still absconding. A domain-specialist lawyer can make this distinction effectively at the High Court level.
A family walked into the Chamber of Advocate Sudhir Rao in early April 2025. Their relative — let's call him Rajesh Mehta — had been in judicial custody for nearly four months. The case involved a large cooperative credit fraud, with over 20 accused and an alleged scam amount running into crores. Rajesh never received any loan money. He never handled funds. He earned no commission. And critically, the FIR itself never claimed he did.
His alleged involvement rested on a single stock document — one the family believed was fabricated — and his name on the cooperative society's board. The principal accused, meanwhile, were openly attending public events. Not a single one in custody.
The earlier lawyer had fumbled badly. Hearing dates were missed. The Sessions bail application lacked focus on Rajesh's limited role. Worse, the family had to track case status themselves through court portals. That's when they approached the office of Advocate Sudhir Rao. The approach was different from the start. Every document was re-examined. The chargesheet was scrutinised for what it actually contained against Rajesh — and what it did not. Arguments were crafted to isolate his role from the larger conspiracy. Advocate Sudhir Rao and his office argued that the investigation was complete, no custodial interrogation was needed, and the trial would take years. The specialised handling — focused on evidentiary gaps rather than the total scam figure — ultimately helped secure a favourable bail order in the High Court. The result? Rajesh was released on bail within weeks of the fresh application.
Key Facts of the Case
- Rajesh Mehta was one of over 20 accused in a cooperative credit fraud case registered in Surat, Gujarat.
- The FIR invoked sections under the Bharatiya Nyaya Sanhita (BNS) for criminal breach of trust, cheating, and forgery.
- Rajesh never received any loan money, handled funds, or earned commission — the FIR did not even allege this.
- His alleged role was limited to one stock document, which the family believed was fabricated.
- Investigation was complete; chargesheet was filed on the 90th day.
- No recovery was pending from Rajesh, and no custodial interrogation was required.
- Sessions Court rejected bail twice, relying primarily on the "seriousness of the offence" and the total alleged scam amount.
- Principal accused — with political backgrounds — remained absconding and free.
The Direct Legal Answer
How strong are the chances of bail in the High Court after a Sessions Court rejection?
Pretty strong, provided your High Court lawyer focuses on the right points. The Sessions Court often takes a conservative view, especially in economic cases. The High Court, by contrast, examines the individual role of the accused, not the total scam figure. When investigation is complete, chargesheet is filed, and no custodial interrogation is needed, the High Court routinely grants bail. The key is to demonstrate that continued custody amounts to pre-trial punishment.
Does the High Court consider the individual's specific role or just the total amount?
It should consider the individual role, and often does — if your lawyer makes that argument correctly. The courts have repeatedly held that bail decisions must be based on each accused's actual involvement, not the aggregate loss. If your family member's role was limited to one transaction or one document, that needs to be emphasised sharply.
Does the fact that main accused are absconding help?
Yes, it can. The High Court takes notice when the alleged masterminds remain free while a peripheral accused languishes in custody. This asymmetry undercuts the prosecution's argument that the accused is a flight risk or a threat to the evidence.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Second, get a copy of the chargesheet immediately. Read it yourself if you can, or have your lawyer highlight what your family member is actually accused of — not what the total scam amount is. Third, document every communication failure with your current lawyer. If you change counsel, this record helps the new lawyer take over efficiently. Fourth, do not assume that bail rejection at Sessions Court means the High Court will also reject. The two forums apply different standards.
This category of matter — economic offences with multiple accused — requires an advocate who regularly handles bail arguments where individual role versus total amount is the central issue. General practitioners often miss this nuance, and it can cost dearly.
Applicable Sections of Law
The FIR in such cases typically includes Sections 316(5) BNS (criminal breach of trust by public servant or banker), Section 318(4) BNS (cheating), Section 336(3) BNS (forgery of valuable security), Section 340(2) BNS (forgery for purpose of cheating), and Section 61(2) BNS (criminal conspiracy). Bail applications are governed by Section 483(1) BNSS for regular bail and Section 482 BNSS for anticipatory bail. The High Court's inherent power to quash proceedings is under Section 528 BNSS.
Punishment and Penalties
Under Section 316(5) BNS, the maximum punishment is life imprisonment or up to ten years, with fine. Under Section 318(4) BNS, punishment is up to seven years and fine. Forgery under Section 336(3) BNS carries up to ten years. These offences are cognizable and non-bailable. They are non-compoundable, meaning the case cannot be settled privately.
Jurisdiction — Where to File the Case
For bail applications, the Sessions Court has jurisdiction first, followed by the jurisdictional High Court. The FIR was registered at the police station having territorial jurisdiction over the location of the cooperative society. Pecuniary jurisdiction does not apply to criminal bail matters — what matters is the court's hierarchical jurisdiction. Filing in the wrong court wastes precious time.
What if Police Refuse to File FIR?
That's not the issue here — the FIR was already filed. But for general knowledge: if police refuse to register an FIR, you can approach the Superintendent of Police under Section 173(4) BNSS. Alternatively, file a private complaint before the Magistrate under Section 175(3) BNSS. As a last resort, approach the High Court through a writ petition for a direction to register the FIR.
- Approach SP with a written complaint.
- If still refused, file a private complaint before the Magistrate.
- Writ jurisdiction is available if all else fails.
Rights of the Accused
Every accused has fundamental rights under the Constitution: the right to remain silent and against self-incrimination (Article 20(3)), the right to legal representation (Article 22), and the right to be produced before a Magistrate within 24 hours of arrest. The accused is also entitled to a copy of the FIR and must be informed of the grounds of arrest.
- Right to remain silent — no duty to confess.
- Right to a lawyer of choice.
- Right to be produced before Magistrate within 24 hours.
- Right to a copy of the FIR and chargesheet.
Bail Provisions
These offences are non-bailable under BNSS. Regular bail is sought under Section 483(1) BNSS. Anticipatory bail (pre-arrest) is available under Section 482 BNSS, though it was not relevant here since Rajesh was already in custody. Bail strategy must emphasise: completed investigation, no recovery, no custodial interrogation, and the accused's limited role. Typical bail conditions include surrendering the passport, reporting to the police station periodically, and furnishing sureties.
Quashing of FIR / Case
Quashing is available under Section 528 BNSS — the High Court's inherent power. Grounds include: no prima facie offence made out, abuse of court process, and compromise in compoundable offences. However, quashing is an extreme remedy. It is rarely granted once the chargesheet is filed, unless the allegations are manifestly false or the FIR is malicious. For Rajesh, bail was the practical route — quashing was not feasible given the large scam value and multiple accused.
If You Are the Victim
If you are the complainant or victim in such a case:
- Preserve all documents — loan agreements, stock statements, correspondence, bank records.
- Cooperate fully with the investigating officer and provide all evidence promptly.
- Attend court hearings if summoned; your testimony is critical.
- Appoint a lawyer to monitor the investigation and ensure it is not delayed.
- Do not confront the accused or their family directly — let the legal process handle it.
Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN, voter ID)
- FIR copy and all subsequent court orders
- Chargesheet and all annexures
- Bail application and rejection orders
- All correspondence with the investigating officer
- Medical records if any health issues exist in custody
- Character references and professional credentials (for bail arguments)
- Proof of roots in the community (property, business, family)
What Evidence Is Required?
- Documentary evidence — loan disbursement records, bank statements, board resolutions
- Forensic evidence — handwriting analysis for disputed documents
- Electronic evidence — emails, WhatsApp chats, call records (subject to Section 63 BSA)
- Oral evidence — witness testimony, including co-accused statements
- Circumstantial evidence — who handled funds, who signed what
- The accused's own statement under Section 183 BNSS (during investigation)
How the Police Behave in Such Cases
In large economic offence cases, police tend to cast a wide net. Everyone associated with the institution — even those with minimal roles — gets named. The investigation often focuses on recovering the money rather than isolating individual culpability. This is why distinguishing your family member's role early is critical. Police may also be influenced by political pressure, especially if the main accused have connections.
Timeline of Legal Process
- FIR registration — day 1
- Investigation — up to 90 days (chargesheet must be filed within 90 days for offences with punishment up to 10 years)
- Chargesheet filing — around day 90 (extension possible)
- Cognizance by Magistrate — 1-2 months after chargesheet
- Framing of charges — 3-6 months after cognizance
- Trial — 12-36 months depending on witness volume
- Judgment — may take 3-5 years from FIR
- Appeal — 6-12 months additional
How Long Will the Investigation Take?
Investigation in large economic offences typically takes 60-90 days. The law allows up to 90 days for filing the chargesheet for offences punishable with up to 10 years. In this case, the chargesheet was filed almost exactly on the 90th day — which is common in large fraud cases involving multiple accused and voluminous documents.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Not in this case. Economic offences involving criminal breach of trust, cheating, and forgery are non-compoundable. The court cannot permit compromise. However, if the accused repays the alleged loss amount during trial, this may be considered as a mitigating factor at the sentencing stage. For peripheral accused who received no benefit, repayment is often not even applicable.
Common Mistakes People Make
- Delay in engaging a domain-specialist lawyer — a general practitioner may not know how to argue individual role versus total scam amount, which is the crux of such cases.
- Not reading the chargesheet carefully — assume the entire scam amount is attributed to their relative without checking what is actually alleged.
- Speaking to the investigating officer without a lawyer present — anything said can be used in the chargesheet.
- Posting about the case on social media — this can be used by the prosecution to argue that the accused is not cooperative.
- Ignoring the lawyer's communication failures — raise it immediately rather than suffering silently for months.
- Assuming Sessions Court rejection means the High Court will also reject. Wrong. The High Court applies different criteria.
FAQs People Normally Have
Can the High Court grant bail when the Sessions Court has rejected it twice?
Yes, absolutely. The High Court is not bound by the Sessions Court's reasoning. It conducts an independent assessment of the facts and the law. A fresh application with better arguments and proper emphasis on the accused's limited role often succeeds.
How long does the bail process take in the Gujarat High Court?
A well-prepared bail application can be listed within 1-2 weeks. Arguments may take one to three hearings. The order typically follows within a week. In urgent cases, the court can hear it sooner.
What if the main accused remain absconding for years?
The trial can proceed against arrested accused even if others are absconding. The court can split the case. For bail purposes, the fact that principal accused remain free while a peripheral accused is in custody is a strong argument.
Is it worth changing lawyers mid-case?
Yes, if the current lawyer is not communicating and the strategy is failing. A fresh lawyer brings a new perspective and can identify arguments the previous lawyer missed. Just ensure all case papers are transferred properly.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.