Seeking the expert opinion of lawyersclub-on regular bail issue
yogesh
(Querist) 21 September 2012
This query is : Resolved
Dear expert members,
we are residents of Delhi have been falsely implicated u/s 498-A, 406,506,323 and the FIR was registered in neighbor state . we were given anticipatory bail for 2 months by session court with condition that we join the investigation and return all the articles to the I.O and apply for regular bail before Ilaqa magistrate
we return all the articles and join the investigation and applied for regular bail in this week. The ld magistrate issued notices for the next date and 'AFTER NOTICE' , the complainant and Govt counsel opposed our bail application that we have not given exorbidant amount of gold( as demanded by complainant)..On that day the ld magistrate didn't grant us regular bail but fixed the date for arguments for next date
On the next day, our counsel has withdraw the application and apply for rectification and clarification of AB order before session court and the matter is posted for hearing
Kindly give your expert opinion in this regard ?
BHARAT NARASGOUDA
(Expert) 21 September 2012
recently there was a Supreme court decision that if the court's grant anticipatory bail then a condition should not be put in the anticipatory bail order to apply for regular bail and hence it would be better if the said decision is brought to the knowledge of the District court and get the order rectified to that effect hence you will be relieved of the proceeding with regular bail.
yogesh
(Querist) 21 September 2012
In S.S Mehtre case, the Hon'ble SCI has commented about the intention of the legislation on 438 CrPC and commented that Courts should not made law
I am wondered if Ld Ilaqa Magistrate court has not provided us the relief on the basis of session court order..Whether ist not risky to cite the example of S.S Mehtre case to session court/High Court with negative comments as the court has alreday given relief for 60 days
Devajyoti Barman
(Expert) 21 September 2012
Keep patience, the lower court would regularise the bail.
