Questions & Answers
Releasing an employee from jail in case of employer's waiver
Hi Rajasree,
An ex-employee of a car-washing company made a duplicate of the key of the company when he was working there. He gave the key to 2 other persons who opened the company and stole the engine oil.
Now they are in jail. The owner withdrew the case. The value of the stolen oil was paid by the ex-employee. The ex-employee admitted to the police that he helped for stealing the company.
1. Can we release him from jail?
2. Should he get deported or fined?
Dear questioner,
Thanks for writing to me and at the same time, please accept my sincere apologies for the late response.
Please note that stealing is a crime that includes public rights and, therefore, it cannot be closed by waiver of the charges by the victim/complainant.
However, such a waiver may be considered by the judge to lower the sentence for the crime. In such situations, the judge is vested with the discretion to impose a fine in place of a jail term.
Such waiver has to be signed either at the Notary Public or before judicial authorities.
Regards,
Rajasree Ravivarma
