• Bail or compromise in Supreme Court against 2 years imprisonment

One of my friend is in custody after the judgement of session court Ludhiana who awarded 2 years imprisonment along with her husband and her husband's friend. He made a forged registry on her name and committed the cheating with the help of his friend. No other evidence is against her other than that forged registry. 
We have filed a plea against that in the High Court, but has been rejected on 24th August, 2018.
She is in custody and in Central Jail Ludhiana from 10th July, 2018. We are trying to meet the person who has filed the case and will try to compromise with him. Please guide me further so we can get her out of all these worst circumstances and get her out from all legal complications.
Please tell me, how much time it will take if we proceed our case in Supreme Court.
Asked 4 years ago in Criminal Law
Religion: Hindu

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13 Answers

yes, you can definitely approach the supreme court against this judgment of the hc. It would be feasible to understand the facts in detail as to the judgment, nature.of.complaint/FIR, etc.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

Dear Querist

If the court awarded a punishment of 2 year and the accused was already on bail than under section 389 of Cr.P.C. that accused can be release on bail till the appeal, if the complainant is ready to settle the matter than bases on compromise , the case can be quashed.

File SLP before supreme court will be better now, with in a week or two, the order may be passed by SC and accused can granted bail.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Sir since the offence cannot be compounded with or without the permission of the court a petition can be filed before the High court of the offence on ground of settlement between the parties the high court has power under 482 Crpc to quash the case.

Further the Supreme Court has given guidelines for same in https://www.livelaw.in/supreme-court-issues-fresh-guidelines-quashing-proceedings-non-compoundable-offence-basis-settlement-parties-read-judgment/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) it is necessary to peruse order passed by trail court and HC to advice

2) on basis of compromise file appeal against order of conviction before SC

3) Disposal of appeal would depend upon pendency of cases in SC

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

First of all it is non compoundable.

Secondly i don't see any way out of it even though you file an appeal in sc.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

You can file a special leave petition in Supreme Court challenging the order of the High Court upholding the trial Court's decision.

Entire case file along with the judgements of trial court and high court need to be studied in order to give a concrete advice.

Your case can be filed in Supreme Court within a week.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1. yes, if the de facto complainant agrees on the basis of amicable settlement done by him and the accused person then on his consent your friend can be released from jail on bail.

2. So you can approach the accused person for settlement and if he gives consent fro same then he can file an affidavit in court on which basis the court can grant the accuser person bail and later on during appeal it can be ended on mutual compromise.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

It will take a month or so to get the bail from the SC.

There can be no comprise in the same as such crime are considered to be crime committed against the state.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello a case had been filed against you and based on that the court awarded her punishment.

You should file a criminal appeal against the judgment. Also bail application should be filed till the decision in the appeal.

Do not go directly to the sc as it will again send it back to the hc.

In case a compromise is reached the court can consider the plea as the judgment has been pronounced.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

First you have to take her out on bail.

If the high court has dismissed the bail application earlier, then you wait for the charge sheet to be filed and apply for bail min the trial court itself.

You can even locate the defacto complainant and obtain his no objection to the bail application which may be filed once again after a month of its previous dismissal.

Or you can approach supreme court also seeking bail on the grounds which you rely upon.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Law does not provide for compromise in the case of non compoundable offences.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. There can be no compromise now that the conviction has been upheld by the High Court. To allow a compromise now will be a mockery of the judicial system. The Supreme Court cannot allow a compromise now.

2. The only remedy is to appeal in the Supreme Court. Seek suspension of sentence as the appeals in the Supreme Court take 4-5 years to come on board for final hearing.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Compounding of non compounding offense is permissible after conviction but now in Supreme court after filling appeal and application of compounding.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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