second bail
ANOOP TRIPATHI
(Querist) 14 August 2008
This query is : Resolved
sir
a bail application is presented to the court of session judge and bail allowed, due to no knowledge a other advocate presented same bail with Clint affidavit this is first bail Clint himself do not know about first bail application and he is only son of accused .what is liability fix against advocate and Clint ?
Srinivas.B.S.S.T
(Expert) 14 August 2008
In practice the judge will ask the advocate to notpress the second bail petition.
K.C.Suresh
(Expert) 14 August 2008
Dear Anoop, This is a question of fact. No legal clarification required. Withdraw the 2nd and one sit cool. Sri has said the right one.
deepak kumar
(Expert) 14 August 2008
from what i can understand bail has been granted the second time. you can file a supplementary petition before the sessions judge mentioning the entire facts and show your bona fide otherwise if it is detected by the authorities before you mention it yourself then your client can be in serious trouble for suppression of vital fact and his bail bonds can be cancelled as also another criminal proceeding can also be launched against him. The advocate however can plead that he was acting on instructions. One thing would be relevant that whether the second bail petition was affidivated
advocatesdiary.blogspot.com
salilkumarp
(Expert) 18 September 2008
identical problem came before kerala high court and subsequently kerala high court made it mandatory that bail applicaton and memo appearance should accompany an affidavit of person who entrusted the brief stating that he /she has appointed ------------ as advocate in ------ matter and the relation of accuesd with him / her
