Bail petition rejected in high court
Sunil
(Querist) 30 June 2013
This query is : Resolved
Dear Sir/Madam,
My father has been convicted in lower court for murder case (sections imposed 302 and 120B)and has court has given verdict for life term.
However my father has been framed in this case hence I have decided to challenge the lower court order in high court. In the mean time I had filed for bail petition in high court which was reject by double bench stating his name is in FIR and has been identified by murder informer to police.
Now can you please when can I reapply for bail in high court and what should be my counter point for above statment from magistrate.
Thanks for your kind help in advance!!
Adv Archana Deshmukh
(Expert) 30 June 2013
Nothing can be stated without reading the case papers as already there is a judgment of conviction. If your bail application is rejected by the HC, now you will need to approach the SC. Talk to your lawyer and if possible expediate the hearing of the appeal itself.
ajay sethi
(Expert) 30 June 2013
approach the SC against orders of HC
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 June 2013
After conviction bail is not right as in the case of under trial cases.
You have to first file appeal against the conviction and if the appeal is admitted and than if the court is convinced that there are issues which can be re looked than only bail will be granted otherwise not.
Rajendra K Goyal
(Expert) 30 June 2013
Agree with the experts, nothing more to add.
Sunil
(Querist) 30 June 2013
Thank you so much respected madam and sirs for your advice and help.
Just to clear few things, my father was already on bail before final verdict from lower court came in. Then he was present on the day of verdict also. There were 3 more accused who were pronounced life term in the lower court, however they have been granted bail by high court. The names of 3 accused is not lodged in FIR by police however for my father it does.
Also I have already filed an appeal against the conviction in high court.
Can I move to Supreme Court immediatley once I get orders of high court for rejected bail plea?
Please help.
Devajyoti Barman
(Expert) 01 July 2013
If high court has rejected bail then approach supreme court.
prabhakar singh
(Expert) 01 July 2013
Yes!You have only one alternate and none else.Although you do need to take notice of advice advanced by Mr.ADVOCATE DEFENSE.
R.K Nanda
(Expert) 10 July 2013
go to supreme court against order of hc.