LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Yogendra Kumar (owner)     10 January 2014

Suggestion regarding criminal case

Hi All,


Can any one suggest me ? How i can oppose bail which is grated by High court with out listen any facts by Judge ?Reason might be possiabled due to any reason of money and pressure.  Actually my father murder case is on trial in disst. court and main accuse has been release on bail by high court which has strong aim of murder under politically revolutionary. All facts and evidence is against him and three bail application rejected of another accuse of this case by another judges in high court. can any one tell me is there any way to reject his bail with is a short period? Because with 2-3 months case will be disposed. 



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     13 January 2014

You are Defacto complainant, you should have filed  intervener  petition, and could have argued your case .Inspite of that if he gets bail you can go for appeal against the order of bail in appropriate forum.

isha bhardwaj (intern)     15 January 2014

Bail is written permission from a court, allowing a person charged with a criminal offence to be out of jail while they wait for their trial, or some other result in their case (such as a guilty plea or a withdrawal of their charges).
You may file petition in the High Court for knowing the reasons for the bail granted, as this is a principle of natural justice that every decision given by a court must be given with reason and you may also go for appeal in the Supreme Court as your natural justice has been violated according to the facts you have provided us with. The natural justice principle which has been violated is Audi Alteram Partem i.e. hear the other side. Thus, on this ground you may approach Supreme Court.
Regards

Isha Bhardwaj

lawkonect.com

09555507507

Rohit Krishan Naagpal (Advocate)     12 March 2014

The bail granted can be cancelled by the court granting the Bail or the order of bail can be challenged on merits also .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register