My case is vs cbi.
I have been convicted for an offence for 2 years SI by the lower Court on 10-12-2014.
The lower court had given 30 days time for filing the appeal, failing which the accused has to surrender before lower court on 09-01-2015 for receiving sentence.
I filed an application in the High Court against my conviction to suspend the order passed by the lower court and to grant bail on 31-12-2014. My co-accused also filed an application on the same day.
High court had given the date for hearing on 05-01-2015 for both of us.
On 05-01-2015 High Court issued notice to State and had given date for next hearing on 16-01-2015 in my case. This fact was communicate to me by my advocate since I was not present.
Now question is
a) My advocate told me that once we filed our appeal with in 3-4 days the order would be suspended and can be eligible for permanent bail. My next hearing date is on 16-01-2015 and my co-accused is on 16-01-2015. What would be the reason behind for giving the next dates?
b) Can I apply for extension of bail in lower court till the decision of high court and how to apply?
c) Up to how may days can the lower court extend the bail application?
d) If any judgment passed against extension of bail like my case kindly provide me the reference so that I can follow that reference.
d) If not what happens next?
Kindly provide me the legal advise.
Asked 3 years ago in Criminal Law from Bangalore, Karnataka
A. Since it is question of bail the court would not hear the bail application without the presence of Public Prosecutor. The giving of next date is hence natural and usual practice,
B.Your lawyer while appearing on the last occasion should have mentioned the lower court date on 09.01.14 so the HC may have fixed a earlier date. Anyway you can apply for extension of bail in the lower court on the aforesaid reason. File a simple petition for extension of bail.
C. Apply for another 30 days. This is generally fixed by court on its own discretion.
D. This is a question of judicial propriety than a matter of judicial precedent. The lower court is unlikely to refuse your prayer for extension of bail.
E. Then go underground till the HC suspends the sentence of grants you bail.
1. There is only one reason behind giving the next date-the court has to hear the version of the police and satisfy itself that the applicant deserves to be given bail. Since you have been convicted by the lower court the HC wont give instant bail without hearing the public prosecutor, hence the notice.
2. You can apply for extension of bail in view of the fact that the 30 day period granted by the lower court is going to expire on 10-1-2015.
3. Fixing the duration of bail is the prerogative of the court. You can simply request the court to extend the time period in view of the fact the hearing in the High Court is not until 16th of this month. Unless there are any compelling reasons to the contrary, the time period will be extended.
4. No previous judicial precedent will help as every case is special on the face of its own merits.
5. In the unlikely event of you being denied extension by the court you should go underground till the bail is granted.
1) Since you already filed the Appeal within the limitation period you don't need to go back to the lower court any longer. All that is needed is to follow up the Appeal in the High Court.
2) It is but a matter of procedure for the Court to have given the next date as it is mandatory to give notice to the state before the bail and suspension of Order can be decided.
3) As such the lower court has no authority in law to extend the bail out allowed you. The bail was allowed to provide you time to move an appeal before the higher court.
4) As you have already complied with the filling of appeal you need to go back to the lower court only to comply with the conditions of bail and suspension of sentence. Your presence is not required in the High Court hearing. Let your advocate follow up the case. You need have no worries.I don't see a reason why you shouldn't receive bail and suspension of sentence on the next hearing.
1. Your Advocate should have pointed out to the High Court about the date upto which the bail has been granted by the lower Court in which case the next date of hearing before the High Court would have been fixed accordingly. The next date has been fixed to hear the public prosecutor also in connection with your bail,
2. Yes. You shall havee to apply for the said extension through a simple petition informing about the next date of hearing fixed by the High Court in your matter,
3. Bail will granted in normal course,
4. If it is refused in any case, stay absconded till your matter is heard by the High Court.
You do not have to do anything till the next hearing, just wait for the order by the high court.
The conviction order and the order of suspension of the conviction till appeal by the lower court judge is there before the high court.
So no need to abscond or panic, since the court has taken your application for appeal nothing to worry till the order of setting aside the conviction and admission of appeal and enlarging you on bail.
Just follow the instruction of your advocate and he has advised you correctly. Please do not worry, it is not any delay from your part and it is a procedural delay.
Your advocate has given you a good advice. You must wait for the outcome and bail shall be granted in normal course of proceedings.
File an application for extension of bail before Trial Court who pass the sentence.
given next date of hearing is a practical procedure and comes under the natural justice, but your counsel should file the stay on execution of the order passed by the trial court with your appeal and pray for stay of your arrest or surrender before the Trial Court.
Advocate, New Delhi
once appeal is accepted by the higher court case deemed to be transferred from lower court. now lower court will act on the direction of the high court. you no need to apply for extension of the bail in lower court. matter is subjudice in the high court so every appropriate order shall be passed by the high court. you have been sentenced for 2 years SI and you have been on bail so it is general practice that high court does not issue warrant and send you in jail unless any grave fault committed by you.