My father is a class 1 government officer. Due to clash with the state government over frequent transfers and subsequent stay orders, he was falsely framed in 7 cases. In 5 of them, High Court granted anticipatory bail. In remaining 2 cases, one of the co accused wrongly submitted that the tender process was not followed and got his bail rejected. Due to this the court is not inclined to allow us bail. We filed an application under section 482 for grant of relief and quashing of FIR in which we have got interim relief and the bench ordered us to apply for second bail as the case was good for hearing. The court mentioned that based on the facts and circumstances of the case, it is admitted for hearing and notices to be served to the police department seeking reply. When we applied for second anticipatory bail in adherence to the court's order, the other bench rejected it saying that as first bail was rejected, I am not inclined to hear it again. What are my options now? I could move to supreme court. I want to point out the fact that interim relief granted by the other bench is still under effect. But I fear that in the next hearing, the goverment advocate will oppose the relief on the grounds of second bail being rejected. Also, I want to declare that there is no offence committed, it is a case purely lodged due to personal vendetta against my father. Suggest the best option. Will the supreme court grant us relief? Thank you.
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This can not be told before hand that the SC will grant you relief,this majorly depends on the facts on the case and secondly yes you may approach the Supreme Court against the said order but I just advise you to consult a local lawyer who can just confirm if High court rules of your state provides for some kind of appeal or not??
Regards
Sir, supreme court will not grant you relief as second appeal is not maintainable .. Make you father Surrender and apply for regular bail after sometime..
file appeal against rejection of rejection of AB application by HC before the SC
2) SC may grant AB
3) mention how he was framed in 7 cases by state govt on account of persona;l vendetta and that he has been granted AB in 5 other cases
1. Merely because your 482 was admitted and notices issued to state did not bind the other bench to allow your AB application.
2. There are two options now-Either to go to Supreme Court through SLP or file a fresh bail application if there is a change in circumstances. The former option is more feasible. Nobody can guarantee that the SC will grant you the relief.
3. Your 482 has only been admitted, not allowed. After the state files its reply it may be dismissed which will result in vacation of the interim order, if any passed in your favour.
I want to bring into light one more fact. The FIRs were lodged in April 2016. It has been almost 16 months since the lodging of FIR but the police has not yet completed the investigation nor have they filed the charge sheet. They have not followed the procedures necessary for using the Prevention Of Corruption Act (Investigation to be done by a officer not below the rank of a DSP on written order of an officer not below the rank of Superintendent of Police before lodging of FIR). They have submitted in their response in the 482 petition that their investigation is still under process. Also, the investigation done by the district administration based on which the FIRs have been lodged was leaded by an officer who is below my father's rank in the gazette. It was entirely an Ex Party enquiry ordered by the collector and no departmental enquiry was done. Will the delay on the part of Police and errors in the process of inquiry will help us in Supreme Court. (High Court did not have cognizance to all this facts, the merely rejected the bail as they had rejected the bail of one person previously in the same crime number as he had not filed the petition carefully and had omitted important facts of the case.)
1) you can before SC draw attention of court to faulty investigations by police and error in inquiry
2) court would consider said fact while deciding your bail application
You can take bail on this ground that there is inordinate delay in filing the charge sheet.
Regards
You can approach supreme court for the relief by filing bail application.
In that application, the relief granted by high court to the petition under section 482 may be mentioned and the same may be included as documentary evidence in the bail plea application.
You have to convince the supreme court the merits in our side to get the desired relief.
The facts and the reasons what you have mentioned here may be included in the bail application and pleadings should be made more strongly so that you dont miss the bu at supreme court too.
Non filing of charge sheet beyond the stipulated time period is a situation advantageous to your side.