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Seven lakh to deposit as condition for regular bail

Page no : 2

P. Venu (Advocate)     28 June 2021

What is the case number? Which Court?

What is the case number in Supreme Court?

1 Like

Rishubh S   28 June 2021

Diary number in supreme court 6991/2021
It has been dismissed all other details i think u will get from their website

N.K.Assumi (Advocate)     29 June 2021

Only from your 3rd query you mentioned "Supreme Court" (SC) and thereby you misleaded yourself for mmbers to give you the appropriate answer, as members were under the impression of the proceedings before the Sessions Court (SC). Since the case is criminal complaint case and trial is yet to commence,, the only way for you is  to move the High Court to quash the FIR itself under 482 CrPc. The enigma in your case, is, how it was jump to SC without availing the natural proceedings before the HC.

Rishubh S   29 June 2021

Sir i got bail from high court, judge impose 7 lac condition to deposit to complainant after getting released. Then we moved Supreme court to remove this condition as nothing has been proved, trial is yet to begin. But the Supreme court dismissed. I dont know whose mistake was it.. Now i dont know what to do, which court i request and

N.K.Assumi (Advocate)     29 June 2021

Originally posted by the querist " While hearing the regular bail the court has imposed condition to deposit 7 lacs rupees within 35 days after release but i hve not received any money and falsely made accused of the crime. But issue here is i dont have money to pay we are facing huge financial problem. On the advise of one advocate we approached SC but SC dismissed our petition on the same day, may be advocate was not good or whatever be the reason.. Now i have no idea what to do and NBW has been issued as per my knowledge. Kindly suggest what to do?? FACTS- 1-No amount has been received by me either cash or in account. 2- Not named in FIR 3- No statement by complainant against me. 4- Arrested from home but shown that running with other co accused Kindly suggest any remedy.. And your details if you can hay it is elp Thankyou.

Your query is not only elusive but misleading, changing like a Chamelon, with every new query. Only in your third post you mention SC as Supreme Court, and now you are mentioning High Court, and in your next post you may say it is Tribunal etc. Better come to LCI with a clean hand.

1 Like

Rishubh S   29 June 2021

Throughout my life and in daily newspaper i understand SC as supreme court i didnt though that somebody will take it as a session court. And other thing is that repeatedly told all that i have been released on bail even i provided the diary number of supreme court case.. If i am unable to provide what you need kindly tell me what details do you need apart from this... In my view i have told everything, and if other person taking its meaning wrong then its my fault?? Am i hiding the fact??
If i said 8n bail i got the condition then suddenly people took it as a anticipatory bail am i written that is it anticipatory bail? Am i misleading? Or people a creating their own meaning instead of asking if there is any doubt...

N.K.Assumi (Advocate)     29 June 2021

You put your cart before the horse, that was the problem with your query, that is why experts like Anil,  instruct you to go for quash in the High Court and P.Venu, repetedly remind you to provide the details. In the first place you never mentioned the initial proceedings, and how you file bail ipsetition in the High Court as first instance, without moving the same in the Sessions Court(SC). Criminal Court usually commence from the lowest court, from JMFC/MM,CJM, and Sessions Court SC) and to HC and SC, and there lies the confussions.

1 Like

Rishubh S   29 June 2021

Sir in session court my bail got rejected then high court grant the bail with condition my main concern is condition of high court bail so i thought there is no point discussion the session reject bail. After released from jail we approached supreme court then they dismissed petition of removing condition diary number is 6991/2021, now i dont know what to do.. Even if i surrender the grant of bail again would be difficult some lawyers suggested as i have disrespect the earlier order. But i was in jail and it is the lawyer who just admitted to pay 7 lakhs rs. Due to corona no one was allowed to visit jail to meet me so i was unaware of whats happening outside and my parents were unaware of the case fact and they just did what lawyer said..
In short from the begining what can i do after getting plead dismissed by supreme court also..

N.K.Assumi (Advocate)     29 June 2021

Firstly, it is very difficult to obtain favorable order in Supreme Court, once the High Court passed the bail Order, but do you know the name of the Supreme Court Judge, who dismissed your petition for modification of bail order passed by the High Court? If you are not in a position to pay that amount of Rs.7 Lakh, you have to surrender before the Hon’ble High Court, stating that it is impossible for you to comply with its bail order conditions.

Secondly, if you honestly think that you are innocent, you move the Hon’ble High Court to quash the proceedings alleged against you from the said case. All the best.

1 Like

Rishubh S   29 June 2021

Yeah we will go for quashing but everyone says that cognisable offence FIR does not quash its verry rare to quash so we have to face the trial but its ok i am ready to face but the only problem is that they have shown so many documents and they took me from my home and shown me that i was running with co-accused, i dont have proof or recording to show that they have arrested me from home, so that i dont know how lawyer will manage.. Otherwise nothing is against me and apart from the documents that they had taken printout in their office in front of me and shown that they found it in my car..
Are these evidence count against me?

T. Kalaiselvan, Advocate (Advocate)     29 June 2021

The documents taken from you are the evidences that may go against you in the trial proceedings.

You are right that the high courts do not generally entertain FIR quash petition, hence you may have to look for remedy in the trial court alone by challenging the prosecution case in the trial proceedings  on merits.

If you could not get any relief from supreme court towards relaxation of the condition imposed by high court to grant you bail, then you have no option than to either comply with the condition or to surrender yourself to be lodged in the jai once again till such time you are not released on bail at a later stage.

 

1 Like

Rishubh S   30 June 2021

Yes kalaiselvan sir, but the document they have shown is they themselves plotted and they have taken my mbl as well but shown any other mbl from me that i dont whose mbl is it, they had taken documents printout in front of me and then later shown in the report that it was found in my car so all these things made me affraid that how can i proof that all these are plotted...

And my concern regarding surrender is that some advocate say if you surrender u will get next bail easily without the condition to pay this time as we will not agree to pay this time and some say it will be difficult as you dishonour the HC order of depositing money after getting release so it will be difficult to get bail again.
And second thing is what happened to surety two people taken during first bail, if i get second bail i will have to again manage 2 surety??
What happened to the old sureties. That will be free from the court..
Btw thankyou all the forum member for your valuable suggestion. Its mean alot for me this time when one is with me. Request to all advocates that kindly understand the pain of the accused also. In my case all advocate has mislead us, no proper guidance were provided and the result is that i am afraid of believing them..

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

If your previous bail was not acted upon then the sureties of that bail will be released becasue there is no necessity for surety if you were not enlarged on bail then.

For the documents what they have stated to have taken from you, yo will get a chance to cross examine the witness who will speak about the said documents during evidence deposition before court and you can nullify the statement made by the witness  and challenge the case once you are able to nullify the evidences including the statements made by the witnesses during trial proceedings.

If you are not able to comply with the conditions imposed for granting bail, then you have no option than to surrender before court .

You can apply for regular bail after a few days of surrendering, before the trial court itself. 

Rishubh S   30 June 2021

Ok sir for witness i would say i have read chargesheet there is no witness against me only they have written coaccused have taken my name even complainant said i dont know him and evidence are shown by cops so they are witness nobody else is present at that time.

P. Venu (Advocate)     30 June 2021

It is seen that Diary No. 6991/2021 [SLP(Crl) No. 002440 - / 2021] was   registered on 16-03-2001. The petitioner is shown to be Abhinav Saxena and state of UP, the respondent. The category is shown to be  Criminal matters relating to bail/interim bail/anticipatory bail. The matter was tagged with Diary No.7503/2021 (SLP(Crl) No. 002537 - / 2021) Registered on 18-03-2021 - Ritesh Singh vs. State of UP. The matters were listed before the Bench of the Hon'ble Chief Justice and it was dismissed, but there are no detailed orders.

In the former case , the Lucknow Bench of the Allahabad High Court had passed the following Order in Bail No. - 11175 of 2020 filed under Section 439 CrPC.

"(i) The applicant shall deposit Rs.7,00,000/- (Rupees Seven Lakhs only) with the trial court within a period of five weeks from the date of his release and the trial court after due verification, shall disburse the said amount to the complainant. In case of failure to deposit the aforesaid amount within the said period, this order shall be deemed to be cancelled and the accused-applicant shall be taken into custody forthwith"

In the latter case , the Lucknow Bench of the Allahabad High Court had passed the following Order in Bail No. - 8008 of 2020 filed under Section 439 CrPC.

"(i) The applicant shall deposit Rs.2,00,000/- (Rupees Two Lakhs only) with the trial court within a period of five weeks from the date of his release and the trial court after due verification, shall disburse the said amount to the complainant. In case of failure to deposit the aforesaid amount within the said period, this order shall be deemed to be cancelled and the accused-applicant shall be taken into custody forthwith"

Similar orders had been passed in all the related bail applications Bail Nos.8515 of 2020,  10087  of 2020 etc.

The Orders furnishes no reasons in requiring the applicants to make the deposits, as ordered, but appears to be under the Special powers as provided under Section 439 CrPC, esp. under sub-section 1(a) -.

"439. Special powers of High Court or Court of Session regarding bail.

(1) A High Court or Court of Session may direct-

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub- section;

(b) that any condition imposed by a Magistrate when releasing an person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.

(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody"

The bail imposing special conditions had been granted by a Single Bench. It is not known whether there could be an intra court appeal to the Division Bench. Please examine.

 

 

 


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