jurisdiction
shirish shekhar
(Querist) 15 January 2010
This query is : Resolved
Respected Advocates and members of LCI
Due to strike by Dist.Court Ghaziabad BAR our hearing for Bail of one of my friend is postponed today for the third time. Can i move to High court now for Bail on this ground. Or else can i get my case transferred from Ghaziabad Court to Noida dist. court.
Arvind Singh Chauhan
(Expert) 15 January 2010
Yes can move to HC but not for bail, because you have not rejection order, you will have to file writ.You can pray to HC for transfer of the case to other district.
Guest
(Expert) 15 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691,09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com.
REGARDING THE BAIL AND STRIKE KINDLY NOTE THAT.
1.IN CASE OF URGENCY YOU MAY FILE A CRIMINAL APPLICATION FOR BAIL AT HIGH COURT HAVING THE JURISDICTION. BUT YOU MAY WIDRAW THE PENDING BAIL APPLICATION WITH PERMISSION OF SESSIONS COURT MENTIONING THE REASON FOR THE SAME.
2.YOU HAVE TO MENTION THE FACTS AND REASONS FOR WIDRAWING THE BAIL APPLICATION FROM DIST AND SESSIONS COURT AND YOU MAY GET BAIL FROM THE HIGH COURT PLEASE NOTE.
3YOU MAY REFER PROVISIONS OF SECTION 437 TO 439 OF CRIMINAL PROCEDURE CODE CAREFULLY.IT IS CLEARLY MENTIONED THAT YOU MAY FILE BAIL APPLICATION TO SESSIONS COURT OR HIGH COURT.
YOU MAY WRITE OR SEND DETAILS IN CASE OF ANY FURTHER HELP.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
N RAMESH.
(Expert) 16 January 2010
Look, it is matter of bail.
If you file transfer petition, it will take time.
Instead of withdrawing, you can ask your advocate to file written argument in the dist court if he is not able to appear due to boycott. Else, any close relative can appear before the dist court and pray for disposal on merits.
shirish shekhar
(Querist) 16 January 2010
Thanks all of you our respected attorneys,it is vey kind of u that u answered my query.Please forward ur mobile numbers so that i cd discuss with you this case.
shirish shekhar
