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498_final stage (Professional)     01 August 2013

Bail order from hc is about to expire - strike in d court

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



Learning

 10 Replies

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

Mr Singh??? Any response??

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

One month time to get the bail order from HC is not at all unreasonable.Mostof thelawyers do utilise every opportunity to extract more money from clients on some pretext or other. You should always discuss and settle about total fees in the beginning. however as clients do not know about various future interim stages of case they again ask for money saying this is new development and fees was not asked for it. Many victims feel in the end that they have been hit more by lawyers than by their wife. But you have to bear it as you have no option, though some study of similar cases in same state will definitely help. I would suggest that make a surprise visit to ghazipur court and enquire about the truth yourself. Give a tip of 50 Rs to peon sitting outside the court room and he will lead you to concerned babu.Similarly take care of him and you will get all the information. having collected this information meet your lawyer. He will be more careful after it.However check via internet/news papers if only lawyers are on stike or clerical staff have also joined. Regards ASHOK

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,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

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


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