482-criminal revisional jurisdiction
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
Ld. Friends,
I filed 482 against false 498A (now pending in the Court of Learned Chief Judicial Magistrate) filed by my wife.
With reference to the above Hon’ble High Court (KOLKATA)stay the matter for 10 weeks.
I am now interim bail. The day after tomorrow the case will appear on the lower court. On that day my advocate will submit the stay order.
Now my quarries are as follows
1. can our opponent party oppose the bail (as they did last time but failed)though they got the notice from high court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 December 2011
who has granted the bail, if HC appear in the lower court and apply for regular bail.
Bail is routine and it will be granted.
section 482 has limited scope.
Querist :
Anonymous
(Querist) 21 December 2011
Ld. Friends,
The bail has granted by the lower court.
Sanjeev
(Expert) 21 December 2011
If it is interim bail then on the date of final bail hearing the Opposite party would object but that hardly matters. If you have a strong defense then regular bail would be granted.
G. ARAVINTHAN
(Expert) 21 December 2011
Since the proceedings are stayed by High court, they have to file an application to vacate the interim order(stay) and then only they can insist for cancellation of bail. verify your counsel that any application has been filed on your behalf to dispense with your personal appearance before the court below
Devajyoti Barman
(Expert) 21 December 2011
Since you have got the stay order , no order whether confirmation or rejecting ad interim bail would be granted.
In short the case would be sent cold storage along with your prayer for confirmation of bail.
Raj Kumar Makkad
(Expert) 21 December 2011
Perhaps due to typographic error you mentioned that your 482 is pending before the court of JMIC.
482 can be filed only before High court.
Anyway, you have already been granted bail by lower court so there is no such occasion to oppose your bail matter as this is not sub-judice before trial magistrate.
prabhakar singh
(Expert) 22 December 2011
As there is already a stay by Hon’ble High Court (KOLKATA),there can not be any question of any opposition,which if tried ,the magistrate shall refuse to entertain such objection.
Shonee Kapoor
(Expert) 23 December 2011
Agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
