LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shweta   03 November 2015

Anticipatory bail

My sister in law filed false case under 498a and 3/4 dowry prohibition act. Me and my family were granted anticipatory bail from lower court, however anticipatory bail of my brother was rejected from lower court. It took seven days to get copy of order from lower court of rejection of bail. On 8th day case was filed in high court. On 9th day lower court processed order 82. However we got the notice of same after seven days of order of process 82 as it was pasted after seven days on the doors of my house.In between we filed IA for hearing of anticipatory bail. Now opposition has questioned commutability of IA. Please note my brother has appeared in police station as well as at lower court whenever called for. So how valid is order for process 82.In case of rejection of bail from high court can we proceed to supreme court and what are the chances of getting anticipatory bail from supreme court.

 



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     04 November 2015

I do  not think it will be a positive one from high court, it is better to get rid of 82, even high court may insist for the same. It is better to recall 82 and go for further proceedings. Try to impress upon the court, stating the adove said reasons that  he is not avoiding legal proceedings, but he is ready on the contrary. Please note, he is charged with section 3 and 4 of dowry prohibition act, so the presumption is on him to prove  that he is innocent.So handle the case in a proper way with seasoned counsel.

shweta   05 November 2015

Dear sir, thanks a lot for giving your valuable time. In case of rejection of anticipatory bail can we make appeal before high court for time so that we can move to supreme court

adv.raghavan (Advocate,9444674980)     05 November 2015

Not advisable.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading