APPLICATION TO HIGH COURT TO REJECT BAIL OF THE ACCUSED UNDER SECTION 439 OF CrPC

Querist : Anonymous (Querist) 28 July 2011 This query is : Resolved
This is about a case in which Judge has altogether omitted the evidences provided by the Complainant and the Police Report substantiating the Offence committed by the Accused (section 420 of IPC), and consequently granted bail to the accused.

How to proceed to High Court against the order passed by the Sessions Court?

Can Complainant plead for himself, or he has to be represented by his Counsel only in the High Court forum?

How lengthy are these procedures?

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Devajyoti Barman (Expert) 28 July 2011
Taking the complexity of the legal question in mind it is always wise to appoint an advocate.
The time differs from sate to stae . However within the 6 months the same shoild be disposed of.

THANKACHAN V P (Expert) 28 July 2011
1.420 is an offence triable by Judicial First Class Magistrate Court.
2.It is better to adduce evidence properly at the time trial to ensure punishment to the accused than going HC to cancel the bail granted to the accused.

Advocate Rajkumarlaxman (Expert) 28 July 2011
Complainant can plead for himself but as stated by experts it is better to have an advocate and moving in highcourt can be done if on the face of the records prima facie it shows that the bail granted is not sustainable in the eye opf law and is bad in law,

Ajay Bansal (Expert) 29 July 2011
See A.I.R. Manuals.

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