CJM Court under the Clutch of local Musleman

Dear Shekhar,

Following are the Court proceedings when you file a Regular Bail in the Court:

1)      Filing of Bail Application in Dist/Session Court;

2)      District Court will allot  "Assistant/Additional Session" to hear Bail application by admitting application and granting  One/Two Week time;

3)      On the day of adjournment, Public Prosecutor take notice of Bail Petition and request court for Three/week days time to get details from  concerned Police Station;

4)      If Concerned Police Station is under the Jurisdiction of same town, then one Police Constable of Police Station takes copy of Petition and hand over it to the Station House officer;

5)      Station house Officer will send the "Case Dairy" through Court Constable to hand over it to Public Prosecutor on the day of adjournment;

6)      If on the date of adjournment Public Prosecutor represented that, "Case Dairy Not yet Received"; it is the duty of the Court Magistrate to instruct the Public Prosecutor to get the same finally on the next date of hearing either Three/Week days…..and your advocate can represent and force for short time;

7)      If on the second hearing day also same representation by Public Prosecutor, then advocate of bail petitioner can ask the magistrate to consider arguments on Copy of FIR itself…if advocate filed certified copy of FIR.

IT IS THE DUTY OF THE STATION HOUSE OFFICER TO SEND THE "CASE DAIRY" AS SOON AS POSSIBLE BEFORE THE DATE OF ADJOURNMENT.

If it is delayed, then it is fault of  "Police"… not the Court……Magistrate can instruct the Public Prosecutor and force to get it immediately or can consider the FIR itself if Certified copy filed by the Bail applicant.

You can not say that "CMJ Court under the Clutch of Musleman".

If you can't get Justice from Dist Court, you are having right to approach High Court, you can file "Expedite Petition" in High Court.  

Further your query is silent about the "date of filing"  and "First Date of Hearing"

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

It was happend to me also when I filed an Anticipatory Bail Petition in Dist Court of Medak at Sangareddy. it was pending for more than 45 days just for "Case Dairy" and magistrate adjourned the case four times and finally granted bail on fifth adjournment .

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

In the lower courts the disposal of bail petition does take some time and mostly out of non arrival of case diary. If the court does not pass order in time or rejects the prayer for bail you have always option to knock the doors of High Court. Mere delay out of case diary does not necessarily mean that  the court is influnced by extraneous reasons as alleged by you

One should be careful before levelling charges against the court of law.