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shalini (software engineer)     16 July 2012

Bail for main accused

Hi All,

My parents got the bail last week. Now we were supposed to move the surrender application today but the court was suspended today So we will move it on 18th ( Wednesday). The arrest on stay from Allahabad high court is valid till 18th July and the same day bail hearing order is valid till 23rd July. Now I have a few questions is as below

1. what if we are not able to move the application even this week also? So next Monday means 23rd. Will that be a problem for seeking regular bail when we are not on interim bail?
2. should be we get one more interim bail from HC saying that we are not yet ready for the regular bail or there were strikes in Meerut so we were unable to use that time to get the regular bail.
3. our lawyer is saying that if lower court does not grant the bail to my brother, he will request to release him on the interim bail. If the lower court rejected the grant/interim bail , he will move to session court and then the same thing the lawyer will request.. ...Is that possible?

4. The judge in the lower court issued a letter which has many positive things about our case so do we feel happy that the same judge will consider my brother's bail in the same way? We are attaching this letter during the bail application

Please advice if you have any other thing to say apart from my question. We are bit nervous for the this bail as he is a gov employee...:(

Thanks in advance
Shalini


Learning

 2 Replies

A1981 (abc)     17 July 2012

Hi Salini,

 

Since you have not posted the orders exactly, It is difficult to comment of this.. there is no information abt case. (looks 498A)

But the way you mentioned it looks like charges are not grave...

1. If your parents are out on bail... rest accused except husband will get bail on pairity basis... the point you missed is that... whether the order "granted the bail till the final disposal of your bail application" you are safe no issues apply on 18th, the strike was all over INDIA so the delay is acceptable..

2. HC normally one time extends the period.. even I have got it extended for my parents...

3. The point of caution is that If intrim bail expires... It will be certain to face jail.. because there will be atleast 3-4 days notice to the public prosecutor before BAIL application comes on hearing. (If  your lawyer is not only  lawyer, he can manage this)

4. If you going for extention... metion only health grounds not "the strike".

shalini (software engineer)     17 July 2012

Thanks for replying. I am sorry i couldn't provide the full info.


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