About the procedure
Anonymous
(Querist) 01 September 2016
This query is : Resolved
The accused persons were summoned under 319 for offence under 302/147/149/34
Their anticipatory bail was rejected by trial court
then the accused persons go to high court for anticipatory bail
On first date High court judge grants interim relief to put in appearence before trial court within 7 daysand directed to be released on bail if they do so and put next date aftet one month with notice to government
Now my question is:
That on the next datewheather their bail can be rejected or not
On first date neither the complainant nor the state counsel was their to oppose so if on next date they oppose the bail and show the enough evidence against the accused then the interim direction can be dismissed or not?
I am having query that if they will say that they have joined the investigation then what should a complainant do because this order is totally based on without going through evidence against the said accused persons
Anonymous
(Querist) 02 September 2016
Give your advice regarding this?
Ms.Usha Kapoor
(Expert) 02 September 2016
If the complainant or his lawyer doesn't appear on the first day it is there headache. If on the next date also for some reason they don't appear before the trial court the court may grant you exparte anticipatory bail.Normally bail Is a rule and jail is an exception. Have you engaged a capable criminal lawyer to defend your case? They will guide you. Don't entertain unnecessary imaginations, hypothetical questions etc before it comes before the trial court for you to put in appearance within 7 days from order of Highcourt.The judge may grant you anticipatory Bail. in CASE THEY REJECT hIGHCOURT may grant anticipatory bail.
Anonymous
(Querist) 02 September 2016
Sir i am complainant in this case i want to know that on next date accused bail can be cancelled or not if my lawyer + state counsel give proper evidence against the accused persons
And i want to know is their any benifit from that interim order to the accused persons that they will say we have already joined investigation
or
Sufficient evidence qgainst them can cancel their anticipatory bail
P. Venu
(Expert) 02 September 2016
Everything depends upon the exact wording of the High Court direction; it is seldom that Higher courts give a diktat to the lower court.
Rajendra K Goyal
(Expert) 02 September 2016
Full case file and orders of High court need to be referred, discuss with your lawyer.
Raj Kumar Makkad
(Expert) 02 September 2016
Yes, it can be. Hon'ble High Court has given only interim direction/relief which doesn't mean that it shall work on the same line even if the opposite party comes and puts the facts before it.
If State Counsel opposes the bail on strong points then definitely interim relief may be got withdrawn.
Ms.Usha Kapoor
(Expert) 02 September 2016
Murder section 302 is non bailable,non cognizable, non compoundable case. so by stringent provisions of law accused is denied bail unless some strong points are shown to let him off on bail or grant a conditional bail.The central Government yesterday issued a GO/Circular to remove parole provisions to murderers and Rapists. Unless such stringent measures are taken to curb diabolical and heinous crimes they don't act as deterrent in arresting and reducing crime rate.The way you described the problem I thought you are for the accused.
Raj Kumar Makkad
(Expert) 02 September 2016
Mr. Kapoor! respectfully I submit as the additional accused had not been treated as accused by the investigating agency hence they had not been challanned and this fact should be kept in mind while equating them with the accused persons facing the trial.
