Muninder (supervisor) 19 September 2013

False crimina case

Hi,

This iam writing on behalf of my brother in law ,who was arrested on 12 Dec 2012 by the police against the false charge of dacoity ,actually he was trapped for false resaon/crime which he never commited.

He still has not granted bail ,its almost 9 months now ,he was sentenced 2 years of imprisonment by the session court last month ,so they moved to high court and they got the bail order from high court but the session court again refused the bail.

My question is if high court has granted bail ,why do we have to go to seesion court again and do they really have the rights to reject the verdict of the high court??

I have the doubt with the Lawyer and the judge of the session court as they are doing this purposely as they demanded 5 lakh bribe which we denied and they were also not happy when we changed the lawyer for the high court .

what shall we do now ,need your help.

currently he is in Jhangir Champa jail ,the session court is in Sakti ,High court Bilaspur Chattisgarh.

Thank you.

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3 Replies

Saurabh..V (Law Consultant) 19 September 2013

@Author

It generally happens in cases of regular bail that High Courts grant bail but asks the accused to get it regularized to the satisfaction of the trial court. However, when High Court has already granted bail, it is only a formality that Sessions Court would accept the bail bond.

If in case, Sessions Court has rejected to accept this bail, you may again move High Court by way of Writ Petition for their intervention in the subject matter. While the matter no longer exists in the jurisdiction of the Sessions Court, it cannot continue to harass the accused/convict. Sessions Court while rejecting the bail bond is required to give reasonable grounds failing of which such orders shall be unconstitutional.

All the best!

//peace

/Saurabh..V

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T. Kalaiselvan, Advocate (Advocate) 19 September 2013

Mr. Muninder,

I have my own doubt of whether at all your b-in-law was granted bail by the high court or that your advocate is taking you for a ride after taking away your money? Once high court has granted bail, execution of the same in the lower court will based on fulfilling the conditions imposed by the court granting bail before the execution court, Whether the execution of bail is pending for want of fulfillment of the conditions imposed?, If so, find out what and comply with it -

Advocate T Kalaiselvan, Vellore, Ph: +919443441062

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Muninder (supervisor) 19 September 2013

Thank you Mr Saurabh / T Kalaiselvan for your response ,i will surly try to find this out and will be back agian.