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venkatkrishna (AGM)     04 August 2010

Bail against cash deposit

I would like to  update one recent incident to you all.   I have engaged one advocate in a  small criminal case and  asked  him to file a bail applicaton for my branch Manager.  I am  told that  some local surity is required. I asked him  to  request  the court for cash surity because employees are from different states and providing local surity is not possible. 

To my surprise  I came to know that the  tune is not good between the magistrate and my Advocate.  Our bail application  was last  application  on his table.   The Magistrate  has  grated   cash bails  for  several accused but,  he has refused to grant cash bail  in our case.   (  all cases  dealt on that  day by the court  are  similar cases for  some violation of  Municipal  Rules) .    Our entire staff  were made to dance  to  the music of the court.

Because of  their personal  issues    they  dont bother   even to harm  cases and client also.  Now I am affraid  and  confused  whether to continue the same Advocate or to change,  who is having good ture with the magistrate. 

Is there any solution for this magistrates  drama  in showing disparity. 



Learning

 2 Replies

Bidhan Dave (Advocate)     05 August 2010

Bail is descritionary order but the judge can not have different parameter for different lawyer. If the judge had given bail in similar cases, he can not refuse bail in your case. If you feel that the judge had acted with malafied intention & refused the bail, you can report his conduct to High Court concern & the High Court will initiate disciplinery action against the judge.

Mean while file a fresh bail appliation in the Session Court.

No need tochange advocate.

Once a bail application is rejected, the concerned judge can not revoke his own order & grant bail

Bidhan Dave (Advocate)     05 August 2010

Originally posted by :Bidhan Dave
"
Bail is descretionary order but the judge can not have different parameter for different lawyer. If the judge had given bail in similar cases, he can not refuse bail in your case. If you feel that the judge had acted with malafied intention & refused the bail, you can report his conduct to concerened High Court  & the High Court will initiate disciplinery action against the judge.

Mean while file a fresh bail appliation in the Session Court.

No need tochange advocate.

Once a bail application is rejected, the concerned judge can not revoke his own order & grant bail
"

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