What is the case number? Which Court?
What is the case number in Supreme Court?
P. Venu (Advocate) 28 June 2021
What is the case number? Which Court?
What is the case number in Supreme Court?
Rishubh S 28 June 2021
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
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.
Rishubh S 29 June 2021
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.
Rishubh S 29 June 2021
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.
Rishubh S 29 June 2021
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.
Rishubh S 30 June 2021
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
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.