yogesh (will tell you later) 25 September 2012

Extension of time for anticipatory bail or approach to h.c

Dear Sir,
We have been given Anticipatory bail u/s 498-A, 406, 323, 506 for 60 days with condition that we returned all articles and apply for Regular bail..We have returned all articles and applied for regular bail..The Complainant and state counsel argued that we have not returned exorbidant amount of god( falsely claimed by them ) and opposed our regular bail application..The trail court showed its reluctance and kept it for arguments but we with drew the regular bail application and applied the application for rectification and clarification before the session court and now the session court has reserved the order for clarification..Our apprehension is that in case if the session court dismissed the application for clarification Then what should we do- whether we should apply for extension of AB order ( as our 60 days going to be expired) or move to State H.C for relief?

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Tajobsindia (Senior Partner ) 25 September 2012

Wait for Sessions Court Order keep handy ready matter for HC filing and file same day as soon as your representative hears / transmits the Operating Part. You will still be protected under Law as matter considered to be seized by HC (admission counter onwards is what I mean not construed this to be “admitted in HC and you are on extension bail” note the fine difference in argument being made out). Please note bail is mercy and not right at that stage as certain objection r/w withdrawal of regular bail at trial court further read with operating part of sessions court order are becoming material records of the higher Court to consider mercy plea.

In my opinion one should not have hurridly withdrawn from trial court based on complainant objections could have waited for observations of trial Court for or against.