PrePoned Bail Application in High Court

Querist : Anonymous (Querist) 13 March 2011 This query is : Resolved
Hi Expert,

We have our relative inside the JC since Aug,2010. Recently on 10th March,the bail application was not heard as the CBI/State was not ready with their files. Delhi High Court gives the date of July,2011.

Is there any provision of PrePoned Bail Application in High Court? Can our bail/appeal application be heard at some earlier date than July? There must be some provision that can allow petitioner to file the application before the stipulated date. I know High Court has many dependencies but is there any provision?

Does CBI also need to approve to preponed application?

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Kiran Kumar (Expert) 14 March 2011
u may file a relevant application to prepone the matter but when it comes to CBI matter, the courts are least interested in interfering with the orders.

but considering into the nature of petition that it was a bail application the court should not have adjourned it for such a long date.

there are certain judgments which say the bail applications shall be decided as soon as possible.

better seek help of some senior lawyer who can present ur case effectively.

s.subramanian (Expert) 14 March 2011
It is a matter involving the personal liberty of an individual who is in custody. Bail decisions cannot be adjourned in this manner by months on end.It is open to you to seek preponement by making necessary application. You have to put CBI on notice while moving for preponement.

Querist : Anonymous (Querist) 14 March 2011
Thanks for the reply Experts.

We are just afraid that if we apply the prepone application the Justice Ms Hima Kohli might not get angry as she has given the date for July and also said that 7 months JC is not sufficient in 5 years conviction in the trial court.

I don't understand why she is emphasizing on 7 months JC. It may be possible that the lower trial court has given wrong decision. This is what we have appeal against in the High Court. Till the time the appeal is not being heared or not been given any decision,why the Court is being hesitating in giving the Suspension of Sentence till then.

Can you please suggest some good senior lawyer which can give us some advice on this criminal case(related to Bank)

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