• HC grant bails on wrong facts

I want to challenge High court decision to grant a bail for Petitioner whose trial is in process U.S IPC 302,201,304B,34. His bail applications rejected from session court and he was behind bars since June'17. Now HC evicted him on 30th July'18 on grounds "The trial would take time.Without commenting on the merit of case ,the petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal and surety bond to the satisfaction of trial court/duty magistrate."
Asked 1 year ago in Criminal Law from New Delhi, Delhi
Religion: Hindu

You can go for cancellation of his bail. Challange this bail order and Contest it.

Mrinali Prasad
Advocate, New Delhi
20 Answers

Not rated

Hi,

You may challenge that order by review petition, LPA in HC or by SLP in high court

Ganesh Singh
Advocate, Delhi
3193 Answers
9 Consultations

4.5 on 5.0

Okay ! It would be better for you to hire a senior advocate for your case in high court. You can apply for cancellation of bail.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Dear Client,

Very recently Supreme Court has ruled that -The Need To Pass Reasoned Order In Every Case, so this order is not complete justice.

Next bail can be assail in S C as charges are grievous and reason that trial shall take time - this can be good reason in those cases where accused has spent half term of punishment in jail.

In case of an offence punishable with death or life imprisonment the person is not released on bail if the prima facie evidence makes it reasonable to consider him guilty.

Yogendra Singh Rajawat
Advocate, Jaipur
13950 Answers
18 Consultations

4.6 on 5.0

1) file appeal against said order of HC before SC

Ajay Sethi
Advocate, Mumbai
68062 Answers
4111 Consultations

5.0 on 5.0

You have an option of filing an appeal against the impugned order of the high court in the Supreme Court to swt aside the order of the high court, granting bail to the accused.

You can take the defence that accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the evidence, then bail will be refused.

You can also file for cancellation of bail wherein the ground for cancellation of bail would relate to post-bail incidents, indicating misuse of the said privilege, an appeal against an order granting bail would question the very legality of the order passed.

Siddharth Jain
Advocate, New Delhi
4886 Answers
54 Consultations

5.0 on 5.0

1)Same High Court

2)hire an advocate

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

That order will be challenged in that high court only

Ganesh Singh
Advocate, Delhi
3193 Answers
9 Consultations

4.5 on 5.0

i mean, not in Delhi high court. but at chandigarh high court or in supreme court

Ganesh Singh
Advocate, Delhi
3193 Answers
9 Consultations

4.5 on 5.0

It will be assail in Supreme court only and u/s 372 - relative of victim can appeal against the order and can hire advocate only to assist PP.

Yogendra Singh Rajawat
Advocate, Jaipur
13950 Answers
18 Consultations

4.6 on 5.0

1) you should apply to HC only for setting aside order of bail

2) you can engage a private lawyer

Ajay Sethi
Advocate, Mumbai
68062 Answers
4111 Consultations

5.0 on 5.0

1. The order of bail can be challenged in higher court wither on the merit of the order or by filing cancellation petition in the same court if the conditions set forth in the order of bail is violated.

2. So you have two options- challenge the order in supreme court or file petition for cancellation of bail in the same high court.

3. However it is not clear how are you related to this case. if you are de facto complainant then you can engage an advocate and challenge the order in supreme court or file the bail cancellation petition whatever you want.

Devajyoti Barman
Advocate, Kolkata
17955 Answers
256 Consultations

5.0 on 5.0

Any objection or review in this concern has to be made through the state itself. You cant move an individual application in this concern would not be entertained.

Anand Shukla
Advocate, Delhi
484 Answers
12 Consultations

4.9 on 5.0

Yes you can hire a private lawyer to present your case for cancellation of bail. You have to go to punjab & haryana high court for the same.

Mrinali Prasad
Advocate, New Delhi
20 Answers

Not rated

Sir you can appeal the order of High court before the SC on the grounds also there is option of filing cancellation of bail in same high court for cancelling of Bail.

Shubham Jhajharia
Advocate, Ahmedabad
20180 Answers
80 Consultations

5.0 on 5.0

Yes you have to be represented by a Lawyer.

Shubham Jhajharia
Advocate, Ahmedabad
20180 Answers
80 Consultations

5.0 on 5.0

You may challenge this order before the Supreme Court of India. But as per my opinion, it shall not be beneficial because bail granted due to delay of prosecution. I advised you that concentrate on your trial. For further opinion,you may contact me.

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

go to Supreme Court

Amrita Veer
Advocate, Greater Mumbai
16 Answers

Not rated

Yes you had to engage a personal advocate for effective proceedings in favour of you .... You may challenge it before the supreme Court ar revision petition before the high court....

We might help you with.that.. specialized in criminal cases .. contact us at

brlegalassociates.com

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

hello

an application for cancellation of the bail application should be filed in the HC itself stating grounds on which you are filing this application. the full facts of the case if told could be helpful in a better appreciation of the controversy at hand.

regards

Rahul Mishra
Advocate, Lucknow
4732 Answers
11 Consultations

5.0 on 5.0

1. On what grounds do you fault the order? Normally such typical bail orders only are passed by the High Courts while disposing the bail application. The delay in the completion of trial is a ground on which the bail can be granted. The accused cannot be confined behind bars during the length and breadth of the trial if it is to take time. If the accused is eventually held not guilty by the court he would have still spent undeserving time behind bars.

2. Be that as it may, you are free to approach the Supreme Court for the cancellation of bail granted by the High Court.

3. You have to engage your own lawyer.

Ashish Davessar
Advocate, Jaipur
26507 Answers
791 Consultations

5.0 on 5.0

There appears no legal infirmity in the orders passed by high court while granting bail to the accused.

If you are affected party then yo can challenge the same however you have no grounds to challenge the same even though you are one of the affected parties.

By enlarging him on bail will not be a reason for his acquittal, he has to face trial proceedings.

T Kalaiselvan
Advocate, Vellore
57773 Answers
730 Consultations

5.0 on 5.0

the said order given by Punjab and Haryana high court so can I challenge the order in Delhi or need to go the particular high court only.

and also can I hire a private lawyer for this because case is individual vs. state of haryana

You may have to challenge the same in the same high court.

Yes, you can hire a private lawyer only.

T Kalaiselvan
Advocate, Vellore
57773 Answers
730 Consultations

5.0 on 5.0

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