Judge taking civil cases would not be handling bail cases
2) judge has to take cases as per their assignment given
3) since wife is in jail for a year she should be granted bail
Bail application 302
Respected sir my wife bail application in the case of 302 in high court was withdrwan by my lawyer as he was not capable to handle the same and new lawyer told me that we have to wait for 6 month to change the roster then we can re-apply and get the bail . after roster change he has applied the bail on the bases of custody which is of a one year & no prosecution witnesses are coming & sad we can get the bail on this points easily. q.1 the bail applicatin has gone to the same judge, when i checked on line he is at present dealing in civil suites only my question is can he give his judgement in this case or this is a clerical mistake which has to be rectified before the case go on for hearing. q2 can she get the bail on the two point mentioned above i.e custody & no witness is verified till now despite of 9 months of case running in session court.
Asked 8 years ago in Criminal Law
Religion: Sikh
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8 Answers
1. Section 302 i.e punishment for the offence of murder is the most heinous offence under Indian Penal Code. Therefore, to obtain bail for this offence is never 'easy'.
2. A judge can have the roster of civil matters and criminal matters before him in the HC. It is for the Chief Justice to fix the roster.
3. In a case of murder long detention alone is not a ground to release an accused on bail. This ground can only supplement other grounds, if any, found existing in favour of the accused.
The bail application with the concerned judge is under the due procedure .. There is no question of clerical mistake ..2) in deciding bail application various factors are considered by court :-a) whether after getting bail , the accused will influence the witnesses or not..b) whether he/she is a previous convict or habitual offender..any other reason which court may presume can provide hinderence to the case.. The bail depends totally upon the discretion of court..
Hi
In general courts should grant bail in a non bailable offence (302) if the accused is a woman and has been in jail beyond 180 days.
Also in your case since investigation is pending inspite of accused being in jail for more than 1 year, it is more likely that the high court (even if it is the same judge who heard the case earlier) will grant bail if applied this time because high courts will only look at passage of time and failure of prosecution to produce witnesses and evidence to progress with the case .
THNXS FOR THE VALUABLE ADVICE THE MAIN PROBLEM IS THIS NOW THAT CASE IS ASSIGNED TO THE JUDGE IN HIGH COURT WHOSE PRESENT ROASTER IS OF CIVIL CASES I HAVE SEARCHED HIS ORDERS OF LAST 2 MONTH WHERE HE IS DEALING ONLY IN CIVIL CASES NO CRIMINAL CASE JUDGEMENT IN LAST 2 MONTHS SO MY QUESTION ARE 1. CAN HE DELIVER THE JUDGEMENT IN THIS CASE. 2. OR THE CASE WILL AUTOMATICALLY BE PASSED TO A CRIMINAL JUDGE ON THE SAMEDAY 3. I WILL GET A NEW DATE WITH A NEW JUDGE 4. SHOULD I TALK TO MY LAWYER AND ASKED HIM TO RECTIFY ANY MISTAKE IN CASE ALLOTMENT IF THERE IS ANY
Asked 8 years ago
1) ordinarily if judge is assigned civil case he would not hear your case but direct it to be assigned to judge taking criminal cases
2) h e would not deliver judgment in your case
1. Irrespective of the roster a specific case can always be assigned by the Chief Justice to a particular judge. If no specific assignment has been made by the Hon'ble Chief Justice then the judge will direct the case to be listed as per the roster.
2. Assignment of a case is not in the hands of your lawyer. It is the registry which does so under the direct control and supervision of the Chief Justice.
As per the recent observation by supreme court, if an offence is punishable with death then whatever the minimum punishment be, the period of investigation permissible would be 90 days. Similarly, if the offence is punishable with life imprisonment, even if the minimum sentence provided is less than 10 years, the period of detention before ‘default bail’ is available would be 90 days. “Therefore, if a person is charged with an offence, which is punishable with death or life imprisonment, but the minimum imprisonment is less than 10 years, then .also the period of 90 days will apply....
Supreme Court of India recently held that an accused is entitled to statutory bail (default bail) under Section 167(2)(a)(2) of Code of Criminal procedure if the police failed to file the charge-sheet within 60 days of his arrest for the offence punishable with ‘imprisonment up to 10 years....
In all cases where the minimum sentence is less than 10 years but the maximum sentence is not death or life imprisonment then Section 167(2)(a)(ii) will apply and the accused will be entitled to grant of ‘default bail’ after 60 days in case charge-sheet is not filed....
Syed Mohd Kazmi vs State 2013 AIR SC 152, 2013 CrLJ 200
Bail on default in filing charge sheet--Prior to the date of expiry of 90 days which is the initial period for filing the charge-sheet,prosecution had neither filed the charge-sheet nor filed an application for extension--Prosecution submitting an application seeking extention of time for filing charge-sheet after filing application by accused/respondent. Bail granted.
Basically your worries about the judge of the court should not be a cause of concern.
It is not necessary that the case has to be referred to the same judge or the same judge cannot pass any order for the cases before him.
I think you have been misguided by somebody by putting too much of technical things in your mind.
You can be in touch with your lawyer on this issue who knows better to utilise the opportunity.