Plea against order of grant of bail
SANDEEP Singh
(Querist) 10 December 2021
This query is : Resolved
Dear sir,
As mentioned above subject matter, im presently released on bail under section 302 ipc in 2019 by hon'ble punjab high court division bench after serving 5 years and 3 months imprisonment. The court while granting bail relied upon Dharampal vs state of Haryana, 1999 judgement and granted bail. However, my in laws have filed a plea against the order of grant of bail citing the illegality of the said judgement. My question to the expert team are:-
1. Under what circumstances, supreme court would dismiss bail given by hon'ble punjab high court division bench, if any.
2. Please cite any judgement where supreme court upheld bail given by court who relied on Dharampal vs state of Haryana judgement
OR
3. Any supreme court judgement where Dharampal vs state of Haryana judgement was challenged for above said subject matter, however apex court dismissed the plea?
Regards,
P. Venu
(Expert) 11 December 2021
No definite suggestion is possible. Any outcome depends upon the reasoning inherent in the High Court's decision and the grounds urged in the Appeal (may be, a SLP). If an SLP, the petition would be admitted only in exceptional cases.
SANDEEP Singh
(Querist) 11 December 2021
Dear sir, if possible can u advise me any supreme court authority wherein supreme court upheld bail order by punjab and haryana high court and dismissed SLP?
SANDEEP Singh
(Querist) 11 December 2021
Dear sir, if possible can u advise me any supreme court authority wherein supreme court upheld bail order by punjab and haryana high court and dismissed SLP?
Dr J C Vashista
(Expert) 12 December 2021
1. Under what circumstances, supreme court would dismiss bail given by Hon'able Punjab High Court division bench.
2. Another question posted is supreme court upheld bail order of high court and dismissed SLP
The bail shall be cancelled on violation of condition(s) imposed by High Court.
SANDEEP Singh
(Querist) 12 December 2021
Dear expert team,
Cancellation of bail is one thing and plea against order of bail is altogether different situation. In ny case complainant has filed a plea that court has given bail based upon bail condition mentioned in Dharampal vs state of Haryana, 1999. All im saying is to assist me in giving any judgement of supreme court , where they have upheld bail order and dismissed such plea?
Dr J C Vashista
(Expert) 13 December 2021
Either you could not post material facts properly or I have failed to understand what you want to communicate.
It is better to consult a local senior lawyer, if you are counsel for the party/ accused, as presumed.
