process of notice
advocate satya
(Querist) 31 December 2008
This query is : Resolved
sir
in one bail matter the court has issued notice to state and given one month date when the copy of bail application was already served by me to state
i want to know when the copy is already served why fresh notice is issued by court?
do i have to pay any process fee for service of notice and what is the procedure for it . the petitioner is in judicial custody
can i file any other bail application before lower court and once this application was dismissed previously so should i write second bail application on new grounds?
Kiran Kumar
(Expert) 01 January 2009
dear Satya
every high court has its own rules and procedure in such matters.
for example in P&H high court u need to pay process fee of Rs. 50/- in criminal matters also.
advanced copy is given to state in case the matter is of sensitive nature then state may come forward to oppose the bail, its right of the prosecution that they be heard before the bail is granted, secondly when u serve the copy state is supposed to initiate the proceedings in its office also.
i dont know where u ve filed the bail, consult some local lawyer in that court whether u r supposed to pay the process fee? generally it is not on the higher side.
once the higher court dismissed the bail application then its advisable that dont go to the lower forum, if u ve new grounds approach the high court only.
in ur case if the state has been given one month date then on the next date of hearing the Investigating Officer is supposed to bring the record, and the Public Prosecutor will argue the case on that basis.
