AB pending in HC,Chargesheet Filed,Judge pressing Settlement
Querist :
Anonymous
(Querist) 22 October 2009
This query is : Resolved
In 498A/406 case, AB is pending in HC and in the meantime chargesheet has been filed by the police. Though I have no received any summon from the trial court and I am on interim protection by the HC. Now the HC judge is pressing for settlement and the other party is asking huge amount for settlement.
I am afraid that the Judge may order me to pay huge amount which is totally against the basic priniciples of law and against Supreme Court directions. But you know, the Judges have the discretion and they can do anything and then in order they write such a language such as the pretitioner agreed to pay, he is willing to pay etc..
My lawyer is saying that if we show the judge Supreme Court judgments that AB proceedings are not recovery proceedings and the judge can't pass arbitrary directions while deciding AB, it will hurt his ego and he may dismiss my bail application.
So what should I do now? What is the way to get my AB application listed onto some different bench. Or any other way to get out of this situation.
Raj Kumar Makkad
(Expert) 22 October 2009
I think u need to change your lawyer instead of changing the case from one bench or other or so on. It is your legal right to be listened on bail application first rather making the settlement at this stage. There is no harm if you produce relevant citation of SC in your favour. No question arises feeling hurt by concerned judge. You should not worry and submit what is available in your favour without thinking negative or alleging the judge.
adv. rajeev ( rajoo )
(Expert) 22 October 2009
really it is very strange HC is pressing to settle the claim. in such cases it is very difficult to advise. If hard decision is taken he may reject the bail application, relly in dual mind. Just discuss with your elders and your advocate. ur advocate is the good person to take decesion.
Sudharsan.m
(Expert) 22 October 2009
AB is your right, you will get it irrespective of the fact that the hon'ble judge pressing for compromise, one more option is there if you think it is not possible to go with the same bench, then write a letter to the CJ and meet in the chamber and say your grievences through advocate, CJ may accept your plea and change it to some other judge. these cases better engage senior advocte and get it done easily. Also you have said while moving the AB no chargesheet have been framed this itself valid point.
joyce
(Expert) 22 October 2009
First u get with AB,since Bail is ur legal right, show all the superme court judgments, hope judge may be convinced and then he may pass the order. The matter before the bench is to be decided by the judges ; rather then out of subject-matter , judge cannot proceed. what ever, subject matter and body of ur application it has ,to that matter order is to be heard, exclusive matter are left to the civil-courts or lower courts. ur Advocate is guiding u correct follow his advice. Here arguing the matter by counsels will not effect the ego of judge, so dont mind. but proper, clear, and with well-humble submission n approach is to be made by ur pleader.
Kiran Kumar
(Expert) 22 October 2009
as Mr. Makkad suggested, even i would suggest u need not to look for another bench, it will be rather more harmful to you.
you have every right to produce judicial precedence or interpretations to the court...such things would never annoy judge.
Bail here in this case can not be claimed as a matter of right.
there are enough judgments which would say applicant can not be granted the concession of bail merely on the basis of deposit of some amount.
you have every right to be heard on merits.
the judge might be trying to settle the matter amicably, do listen to him carefully, if you are not satisfied with your lawyer then seek services of another worthy lawyer.
