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legal terrorism   20 July 2015

Urgent ab in supreme court

Can anyone tell time taken for admission of anticipatory bail petition in supreme court after being rejected by the high court? Is there any clause to wait for a certain period after rejection in high court or take permission from state government to appeal in supreme court.



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 8 Replies

legal terrorism   20 July 2015

Sorry forgot to tell the about the sections  which are 498a,341,323,325,307,379/34IPC and 3/4 D.P act filed at police station-in 2014

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     21 July 2015

Please file Special Leave Petition under Article 136 within 90 business days.

And pray for stay order on HC. If the leave will be granted then fight on merit. 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

legal terrorism   25 July 2015

Thanks Rocky Smith!

I have read links provided by you.My problem is that no bail has been granted to me by the court in 498a. Among the two cases on me, one with 498 and DV, is in High court because we went for quashing of the case which intitially stayed all the proceedings of the lower court. Therefore, I don't have any anticipatory bail due to which lawyer and high court judge are advising for settlement in next hearing.

The second case in which there is 304 along with 498, session court has rejected the bail and in High court too judge wanted to reject the bail but has granted temporary stay till I appear in the first case for settlement.

Now, you can see that, I am in deep trouble as it seems that, I am forced to have the settlement without which my bail will be rejected.I am highle encouraged by your links to fight case in person and NEVER go for settlement, but I don't know how to avoid the arrest.

Please kindly help me

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 July 2015

At this stage either you have to approach to SC or surrender to the court to obtain regular bail. Once you have regular bail then you can fight.

 

I do also not understand why did not you apply for AB in HC? Why did you go for quashing at this stage? I think you must apply for AB in HC. Please make a separate petition of AB (Anticipatory Bain U/S 438CrPC) in HC or Session Court.

legal terrorism   29 July 2015

Thanks for replying

I applied for AB in HC after it was rejected in sessions court in second case.. In High court, after two hearings in AB, the court has granted temporary stay for 15 days till I appear in the hearing of quashing of the other case in HIgh court.

I applied for quashing in HC as soon as we came to know about the earlier case in which High court granted stay on all proceedings of the lower court. Therefore, my AB petition in sessions court for this case was never disposed as High court has stayed the proceedings.In last hearing, the judge has ordered both the parties to appear for final settlement.

I hope you understand that although bothe case were filed between a period of one year separately, now one is affecting the other as both hearings for quash and AB going side by side.I don't have AB in any of the case. So if i dont accept the settlement terms, i will have to land in jail or get a AB from SC. In case of SC, cannot fight for AB in person, have to engage a lawyer. So, if you know can you suggest any lawyer or tell me about the time needed to get AB. More importantly, i apprehend that even SC will force for settlement o the similar lines as high court.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 July 2015

Filing quashing before AB or regular bail is absolutely wrong approach. HC can't enforce you for any settlement. Please withdraw the quashing petition from HC. Appear in-person and withdraw it. Please move your AB in HC expediently.

 

These all problem occurs because of wrong arguments of corrupted lawyers. I really don't understand why people hire these fools.

legal terrorism   31 July 2015

Thanks....But if I withdraw my quashing petition wont it affect it's earlier decision to quash other family members name for whom cognizance was taken by the judicial magistrate.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 August 2015

Apply AB for each of your family members if their regular bails have not been granted yet. 

You can simply don't appear on your quashing suit. It will be dismissed automatically.


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