• Bail

A person involved in a criminal case has got bail from the high court of karnataka, one of the conditions of the bail are that : the petitioner shall not leave the jurisdiction of trial court without prior permission till the case registered against him is disposed off.
but the person is not in the jurisdiction as he has done llb course in himachal 
pradesh during the bail period . now he is practicing at the high court of gulbarga, whereas the jurisdiction of trial court is basvakalyan. he resides at humnabad , which is also outside the jurisdiction of the trial court.
the criminal case is for forgery, in the bail period he has got llb fake degree from manav bharti university, solan , himachal pradesh as regular student, whereas he has not attended the classes.
please give your advise to apply for cancellation of his bail from high court, i am not a party in the above mentioned criminal case, i am a stranger or third party.
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

Third party need to prove locus standing before court that how is he aggrieved by bail.

Better way is to approach state through public prosecutor with evidence and ask him to make an application for cancellation. Because it is prerogative of public prosecutor and aggrieved or effected person to apply for cancellation of bail so it is better to contact state rather than directly going.

Though there are judgements on both side but if you directly approach then it would be difficult to prove locus standii in the matter and application may be dismissed for cancellation.

Kindly refer the judgement for clear understanding: http://www.lawyersclubindia.com/mobile/forum/details.asp?mod_id=56311

https://indiankanoon.org/doc/48783361/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Enquire whether he had taken any permission of the concerned court, if not then arrange documentary evidence to show that the accused is living outside the jurisdiction of the court. If his LL.B. degree is forged then 1st sent a RTI to the Manav Bharati University, Solan HP to ask whether the particular candidate was a regular student of that course. then procweed ahead with proof.

Mayank Srivastava
Advocate, Allahabad
61 Answers
18 Consultations

5.0 on 5.0

You may file a contempt writ petition in the High Court along with all the documents to cancel his bail and start the contempt against him.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Move a bail cancellation application in the High Court on the ground that he has violated the bail conditions.

You will also have to demonstrate as to what prejudice has been caused to you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

The usual course to cancel the bail on violation of conditions, necessary application will be moved by the Assistant Public Prosecutor. You being a stranger may approach APP and be nice with him and also concerned police station constable and produce all the relevant records to show that the accused residing and practicing outside the jurisdiction of Basvakalyan. Immediately Court will issue a show cause notice and after taking his explanation and hearing APP the bail may be cancelled and he will be sent to jail. For more clarifications please call me as I worked as Magistrate for 20 years in Karnataka.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) if bail conditions have been violated draw attention of trial court to the fact that contrary to HC orders accused has left the jurisdiction of trail court . hence his bail should be cancelled

2) enclose evidence in your possession of violation of bail conditions

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

I have come across many cases like this. You have no locus standi to the get the bail cancelled. But yes you can apprise the fact to the concerned parties/complainant so that an appropriate application for cancellation of bail on the ground of flouting the orders of the court could be moved against the accused.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

You certainly can inform the concerned police about this and also can give a complaint letter with evidences about this fraudulent person with the bar council of Karnataka.

The police will take up bail cancellation issue and the bar council of Karnataka will deal with the fake law degree.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Hi,

Projecting all those facts, you are suggested to go for cancellation of the bail.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

The person who is the party in the said case can only file for cancellation of the bail.

Ask the said person to move an application under section 439(2) of the Cr.P.C. for cancellation of the bail.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You need to file cancellation of bail by Proving in court that he has violated the bail order conditions.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer