Hc not deciding bail application
Anil Kr Garg
(Querist) 10 October 2012
This query is : Resolved
Rajasthan High court is not deciding bail application for last 3 months and simply deferring application on every date (sec 376). Eight co-accused charged under this and several other sections, have been released on bail already (by same high court, but another bench). This particular bench has earned reputation for being a ruthless exterminator in bail matters.
Meanwhile, prosecutrix has recorded statements at trial court reversing all her allegations which were the basis for all others to get bail. This poor chap had submitted bail earlier than this recording of statement, was rejected by this very bench and is forced to come back to this bench. Others were lucky to come to some other judges.
This present bench is not impressed with right of parity and even prosecutrix's statements, and wanted prosecutrix to appear in court. Summons have been served to her and through her lawyer, she submitted that she has nothing more to say and whatever she wanted to say, she has said in trial court.
Our judge is not even rejecting the bail to allow us to move supreme court.
While this speaks of extreme subjectivity in judiciary and complete lack of objectivity, I need to know if there is any way to object to these tactics of this bench and move to some other bench of same high court or even supreme court? Pls advise.
ajay sethi
(Expert) 10 October 2012
raise the issue with bar council . you must not be the only aggrived litigant . if necessary draw the attention of chief justice of rajasthan high court
Surender Kumar Sharma
(Expert) 13 October 2012
raise the issue with the bar council of india and also file writ petition in the Hon'ble Supreem Court
