District court grants anticipatory bail but high court rejects two years later
Allegations are 409,420 for percolation tank construction. Per complaint, tank was never build in 2008 , it was built only on paper and money was manipulated and 6 govt officials and 1 builder developed plots on that land.
Feb 2013 district court grant anticipatory bail in a pvt complaint against 6 govt officials and 1 builder but in feb 2015 high court cancelled it for all 7 accused. No time granted for appeal to Supreme Court.
So what's should be the next step?
1. Surrender to police or high court and apply for regular bail
2. Go underground and appeal in Supreme Court .
Asked 3 years ago in Criminal Law from United States
1. The High Court has cancelled the bail. So the only further and logical legal recourse is to carry the matter to the Supreme Court.
2. Surrender does not make any sense as regular bail may not be granted. Try your luck in the Supreme Court before arriving at a decision to surrender.
Appeal before Supreme Court will be better option then surrender.
it is your legal right.
lastly you have the another option as surrender before police or court.
Advocate, New Delhi
1. If you want to evade arrest then approaching supreme court is only option left for which you have to go underground.
2. In this case if you surrender then bail may be granted if it has such merit.
1) Your best option is to appeal before the Supreme Court. Do not surrender before the police or court until you have a verdict from the Supreme Court.
2) Surrender to apply for regular bail in case the bail is not granted by the Supreme Court.
Since the bail has been cancelled by the high court, is advisable to move before the supreme court at the earliest. Further it is advisable to go underground until you get a decision from supreme court. Do not surrender until it is ordered by the court.
1. If you want to evade arrest, you should go underground and try for AB before the Apex Court,
2. If you do not have irrefutable evidence in support of your innonence, there is no point in surrendering since in that case regular bail may not be granted.