• Dismissal of relaxation petition in Anticipatory bail

If the relaxation of the bail conditions petition is dismissed, will I get a new bail order coy from High court? Th district court passed the bail order with certain conditions. The government surety that I have arranged had a heart attack and hence could not be produced till the last date mentioned in the bail order. I applied for relaxation of two conditions in high court and it has got rejected. However, My lawyer says he hasn't got the bail order copy. Can I use the bail order issued by district court and this relaxation dismissed order and produce it in the court along with sureties for getting bail? A false fir has been filed against me as third co-accused with 120b and 109b. The charges framed against the other two accused are many including 420. And both accused have received bail. The fir was filed in 2013. My name is not in the fir but in the charge sheet. I was posted as a chief manager in State bank and few borrowers of small finance groups had remitted the monthly due to an agent who promised to remit it to the bank but did not. They have made a complain that they did not receive a notice from the bank and hence not intimated that the payments are not going through. I got transferred to a different city in 2011 itself and the investigation officer has included my name in the charge sheet and no notice was sent to the bank and I was not aware of the case. My name is marked as absconded in charge sheet when I was very much working in State bank in 2013 in a different branch. IN Feb 2019, I got a call from a SI from the concerned police station and he asked me to take anticipatory bail. Now, My local lawyer as well as the high court lawyer are not sure if they will receive a new bail order copy after the relaxation got dismissed and they are insisting me to file for a new bail.
Asked 1 month ago in Criminal Law from Chennai, Tamil Nadu
Religion: Muslim

1. You had already got a bail but the same became infractuous due to non compliance of the condition.

2. So apply for relaxation of the condition one more time and if rejected then prefer an appeal in higher court.

3. No new application for bail can be filed.

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

No bail order will remain same. You can seek time to give other surety before the court. Yes you can bring sureties and get bail on same order as bail order is still valid.

See bail order of seession court is valid only modification is rejected 

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

Before the SC of high court rejected it. See in case the order is not complied with either file fresh anticipatory bail or file for extending time in session itself.

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

You have a bail order copy already, since your petition seeking to dispense the surety was rejected, you can proceed with the bail which was originally granted and if the time is based then you may apply for extension of the same .

You may  be in touch with the district court lawyer about this.

 

 

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

What about the previous bail which was granted with certain conditions?

If it is still effective then why do you want  to  file  a fresh  bail application.

You  can take a second opinion from a different  lawyer from the local to be more precise about it.

 

 

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

You can only apply again in district court if there is change in circumstances.  You cant file the same on same condition.  He need to file bail application in SC. 

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

If HC has rejected your application for  relaxation of bail conditions for AB file appeal in SC against HC order 

Ajay Sethi
Advocate, Mumbai
61329 Answers
3722 Consultations

5.0 on 5.0

your reason for non compliance is genuine 

 

you can apply for new bail before trial court 

 

Ajay Sethi
Advocate, Mumbai
61329 Answers
3722 Consultations

5.0 on 5.0

You can challenge the order of high court in supreme court in SLP. This is the only option left.

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

Let's talk.

My number is available in google. 

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
1321 Answers
8 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, that your bail has been stood cancel because of the violation of the condition of the surety.
  2. Once the relaxation has been rejected by the Hon’ble High court there are very less chances that you would get the new bail except from the Hon’ble SC.
  3. You should challenge the order of the HC before the division bench of the same HC with all the relevant records/ reasons for the non availability of the surety.
  4. I am sure, you will get the some extension of time for providing a new surety.

Sanjay Baniwal
Advocate, South Delhi
3999 Answers
7 Consultations

5.0 on 5.0

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