shirish shekhar (Service) 03 April 2010

CJM Court under the Clutch of local Musleman

My relative has been booked under section 307 for attempt to kill the local musleman.The case is now in CJM court and the relative in Jail.Now we have applied to CJM court for Bail but to our dismay we were told that the court will not hear the case because the Case Diary has not reached the Court.

Actually this is a false case lodged by the local musleman & political leader who is also a class i contractor and the case was lodged on account of non payment of arrears by the contractor to my relative.Later a compromise was also tried but the contractor was only willing to pay 25% of arrear.When compromise failed he himself arranged few hitman and lodged a false complain at the local PS that he was attacked by my relative men. Now he is a local mafia and a strongman, he has managed to influence even the court.Please tell me what should we do in case the petition will be deferred again(Next date is 8th April) by the court on some other account.Can we approach any higher court for Justice or we have to breakdown under his pressure and have to compromise.

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2 Replies

AEJAZ AHMED (Legal Consultant/Lawyer) 03 April 2010

Dear Shekhar,

Following are the Court proceedings when you file a Regular Bail in the Court:

1) Filing of Bail Application in Dist/Session Court;

2) District Court will allot "Assistant/Additional Session" to hear Bail application by admitting application and granting One/Two Week time;

3) On the day of adjournment, Public Prosecutor take notice of Bail Petition and request court for Three/week days time to get details from concerned Police Station;

4) If Concerned Police Station is under the Jurisdiction of same town, then one Police Constable of Police Station takes copy of Petition and hand over it to the Station House officer;

5) Station house Officer will send the "Case Dairy" through Court Constable to hand over it to Public Prosecutor on the day of adjournment;

6) If on the date of adjournment Public Prosecutor represented that, "Case Dairy Not yet Received"; it is the duty of the Court Magistrate to instruct the Public Prosecutor to get the same finally on the next date of hearing either Three/Week days…..and your advocate can represent and force for short time;

7) If on the second hearing day also same representation by Public Prosecutor, then advocate of bail petitioner can ask the magistrate to consider arguments on Copy of FIR itself…if advocate filed certified copy of FIR.

IT IS THE DUTY OF THE STATION HOUSE OFFICER TO SEND THE "CASE DAIRY" AS SOON AS POSSIBLE BEFORE THE DATE OF ADJOURNMENT.

If it is delayed, then it is fault of "Police"… not the Court……Magistrate can instruct the Public Prosecutor and force to get it immediately or can consider the FIR itself if Certified copy filed by the Bail applicant.

You can not say that "CMJ Court under the Clutch of Musleman".

If you can't get Justice from Dist Court, you are having right to approach High Court, you can file "Expedite Petition" in High Court.

Further your query is silent about the "date of filing" and "First Date of Hearing"

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It was happend to me also when I filed an Anticipatory Bail Petition in Dist Court of Medak at Sangareddy. it was pending for more than 45 days just for "Case Dairy" and magistrate adjourned the case four times and finally granted bail on fifth adjournment .

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Devajyoti Barman (Advocate) 03 April 2010

In the lower courts the disposal of bail petition does take some time and mostly out of non arrival of case diary. If the court does not pass order in time or rejects the prayer for bail you have always option to knock the doors of High Court. Mere delay out of case diary does not necessarily mean that the court is influnced by extraneous reasons as alleged by you

One should be careful before levelling charges against the court of law.