Hi Experts,
We got stay order for my sister and mother and bail order for me from HC. However, the bail order would expire soon. Can you tell me what happens in such scenarios where courts are closed due to some reason?
Thanks
498_final stage (Professional) 01 August 2013
Hi Experts,
We got stay order for my sister and mother and bail order for me from HC. However, the bail order would expire soon. Can you tell me what happens in such scenarios where courts are closed due to some reason?
Thanks
surjit singh (Assistant) 02 August 2013
please disclose what was the order which led to believe that the stay or the bail will expire.
498_final stage (Professional) 02 August 2013
Hello Experts here is the order
Court No. - XX
Case :- APPLICATION U/S 482 No. - XXXXX of 2013
Applicant :- 498a_Victim And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- XXX
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and perused the impugned order.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. He prays for and is allowed six weeks' time to file counter affidavit.
Issue notice to opposite party no. 2, who may also file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after eight weeks before the appropriate Court.
Learned counsel for the applicants submitted that the opposite party no. 2 has filed the impugned complaint roping in the entire family of her� daughter's husband, the applicant no. 1, although no offence against them is disclosed from the material on record.
Submissions made by learned counsel for the applicants, prima facie, appear to be correct and they have made out a case for grant of interim relief.
Till the next date of listing, further proceeding of� Criminal� Case No.xxxx� of 2013, State Vs. 498a_Victimand others, Case Crime No. xx of 2012, under Sections� 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, district� Ghazipur pending before the A.C.J.M., Court No. 8, Ghaziabad shall remain stayed as against the applicant nos. 2 and 3. However, the case shall proceed against the applicant no. 1 (husband).
It is further provided that if� the applicant no. 1 (husband) appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may be considered and decided� in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Order Date :- 8.7.2013
Naresh
498_final stage (Professional) 03 August 2013
ashoksrivastava (scientist) 04 August 2013
You should surrender in court within 30 days or on first day on which court is open after the deadline.
Regards ASHOK
ashoksrivastava (scientist) 04 August 2013
You will not be penalised for what is not your fault However why wait till the last moment? Genarally bail is granted on surrender to court in such cases. So pl. do it earlier
Regards ASHOK
498_final stage (Professional) 04 August 2013
Dear Mr Ashok,
The delay is because of the following reasons
1) We received this bail order on 26th of July 2013. However our lawyers said that lets surrender on 28th July. From 28th July 2013 there was strike in the court. I am also surprized about few things:-
a) Our layers could not find out if the chargesheet has reached the court. Though they were telling us everyday that I go to the court and search about it. Then how could they mis it. We came to know about the chargesheet when we got summon from the police at home.
b) Our lawyers sent our papers etc to a Laywer in Allahabad, and it took almost a month to get this order. According to the lawyers since in June courts are closed so it takes time.
Do you think I should believe on these reasonings or I am being ditched by my lawyers??? They are charging a lot of money. Kindly advice
ashoksrivastava (scientist) 04 August 2013
498_final stage (Professional) 05 August 2013
Dear Mr Ashok,
Thanks for your reply. May I know if you practice as a lawyer? Your designation here says you are a scientist.. are u?
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 06 August 2013
If you applied in time, and the order taking took long, you can still surrender and seek bail. Else you can go to HC and ask for modification of order showing mitigating circumstances.
Regards,
Rashid Ali (own practice as a criminal lawyer) 06 August 2013
you are bound to surrender before concerned court within 30 days.if there is continue NO WORK/ strike in court, then surrender on first day court opens. dont worry circumstances will be considered by the court . for details you may call me over 9411049201/ 9358841464