Please see if you were made the party in the said petition or not?
If the husband has just been released on bail then you do not have any such effective remedy.
FIR registered under section 304B, 120. Husband was behind the bars, Husband bail application rejected in lower court, they applied for bail in high court All dowry evidence already with police , but IO said in high court that there is no evidence of dowry against the boy. and boy got the bail in High court just two days back. I am the complainant missed the high court proceedings, What is the best remedy available for me now, 1.) Can i file the revision petition. ? 2.) Or any other remedy available.other than supreme court.
Please see if you were made the party in the said petition or not?
If the husband has just been released on bail then you do not have any such effective remedy.
Challenge the bail already granted by the High Court, in a petition before the Hon'ble Apex Court.
There's no provision to file a revision to get this done.
Please note bail Is right and you can't file any revision petition as it's a right to get bail.... better continue with your case In lower court and you can get the guy convicted in lower court....
Hi
You can file for the revision of the bail order in High Court.
Also another option is Apex Court.
Try filing for the revision of the bail order.
Thank You
Respected sir...
If you are complainant that you can only have to produce evidence to court that court can decide in your favour sir you can not file a revision petition because it's is not on your part Right of bail is Always present to the person who is behind the bars ...Sir just collect all relevant documents and evidence that will lead the case in your favour ...
Thanku
Cancellation of bail Necessarily involves the review of a decision already made and can by and large by permitted only if, by reason of supervening circumstances, it would be no longer conducive to a fair trial to allow the accused to retain his freedom during the trial.
2) during investigation some strong prima facie evidence and gravity and magnitude of the crime or the manner in which the crime was committed and other attending circumstances may be relevant as prima facie grounds to have a fresh look to cancel the bail. The grounds for cancellation of the bail in Chapter XXXIII are, de hors the merits in the matter, namely, necessity due to the conduct of the accused and abuse of liberty i.e. obstruction of the smooth investigation or suborning witnesses or attempting to tamper the evidence, threatening the witnesses with dire consequences or making or attempting to remove himself beyond the reach of the court to hamper the smooth trial, etc. are independent of the merits in the matter. Cancellation of the bail would be necessitated by the conduct of the accused himself after the release.
1. It is strange that he could manage to get the bail against the charge of dowry death.
2. Did not your Advocate present in the Court interfere in to the matter?
3. File a Revision Petition praying against the said bail.
Revisional application filed against the order passed allowing the order of bail doesn't have much merit.
However if after grant of bail the conditions mentioned therein is violated then you can apply for cancellation of bail.
However do note once bail is allowed its very hard to get cancelled unless great exigency exists.
Hi its a rule that bail is rule and jail is an exception, if you want you can appeal in supreme court against the high court. but it again depends upon the rule and facts and circumstances of the case.
Yes you can file an application against his bail in Highcourt before divisional bench, stating all facts
Yes you can file the revision petition in the High court or else you need to challenge that order by way of appeal in Supreme Court.
Dear Client,
Order of granting bail is an interlocutory order , Revision is not maintainable.
But different view in judgement refer -
A revision against the grant of bail may also lie. (See Prasad Jacob Vs. State of Kerala -2010 Crl. L.J. 4137 (Kerala) – 2010 KHC 398)....
Only appeal before the superior court, unless violation of bail bond, than same court.
Hi, getting bail is a right of accused even if it is a non- bailable offence .. It is advisable to focus on the merits of the case , and to try for conviction ..
1. Revision petition is not maintainable, you should have filed an intervenor petition to raise your objections at the time of argument on the bail application.
2. If no petition is maintainable in the high court itself, then where is the question of taking up the matter with supreme court becasue you are not a party to the bail application.
In above case where FIR registered under 304b, i want to mention that charges framed by court under section 304B in May 2017, but accused succeed to get bail in high court in Nov 2017 on the grounds by hiding the fact that charges framed under section 304B. Rather their advocate mentioned that 304b deleted by police. Does it not lead to fraud with the court and Can the Hiding of the fact not lead to cancellation of the bail.
This will lead to cancellation of the bail.
You may go ahead and apply for cancellation of the bail.
Regards
Accused who has not come to court with clean hands is not entitled to any reliefs
Ifaccused has obtained bail by suppression of material facts apply to court for cancellation of bail
1. Yes, this is a serious matter since he has given false statement before the High Court.
2. Mention the said fact in your Revision Petition advised in my earlier post.
When the court grant bail it will have all the records in Hand as such hiding that fact may not arise.... secondly non bailable offence does not mean that bail should not be given it means in case a person is accused of a non-bailable offence it is a matter of discretion of the court to grant or refuse bail and application has to be made in court to grant bail. Usually in 304B the bails are granted by high court.
If he violates Any terms and conditions imposed by court for granting his bail then it may be a ground for seeking cancellation of bail...
Whether the petitioner had hidden the details or revealed the facts in the bail application, the high court or any court which is granting bail will not blindly do so.
The court will issue notice to concerned police and after the reply from police the court will consider the application on merits, so there is no question of suppression of any fact that is material for grant of bail by the petitioner before court in the bail application.
Respected sir ...
In this situation you have to prove that they get bail from court as hiding the facts of 304-B ..If your proved your version then his bail will aromatically be cancelled ..I would like to advice you to to just read the order for there bail on what grounds and marits did court grant them bail that will also help u to make your descion ...
Thank you
You can also appoint an Special Public prosecutor to defend your case.
Granting of Bail to the accused person is the discretionary power of the court you can not challenge the same however you can plead before the trial court to cancel the bail and proceed with the case.