Quashingpetition pending at high court may affect bail grant

After the recent Supreme Court judgment in the case of Gian Singh v. State of Punjab - High Courts are no more empowered to quash cases of rape on the basis of compromise and marriage. Quashing now would be done only on the merits of the case i.e if the case appears to be an abuse of the process of law, and since chargesheet is presented it is prudent to argue on charge. Pendency of quash petition before high court won't affect power of trial court to grant bail post presentation of chargesheet.

Bharat Chugh

* Advocate Supreme Court of India

I fully agree with Mr. Chug. Whatever proceeding is going on high court, you have to seek bail unless you obtain stay on the proceeding of the case in lower court.

Bharat is right....this Gian Singh judgment has limitized the powers of the High Court.

but the bench may take some lenient view in the matter provided the matter is presented in appropriate manner.

seek quashing but on proper grounds.

since the girl is in your favour so there are almost nil chances of the order being assailed before SC or otherwise the quashing being opposed by the prosecutrix but the state will definitely oppose the petition.

Thanx everyone