• Anticipatory bail from Haryana High Court

What is the meaning of this order dated: 27/05/2019
212
CRM-M-[deleted]

HARI HAR PARSAD SHARMA AND OTHERS 
V/S 
STATE OF HARYANA

Present:- None.
**** In the interest of justice, adjourned to 17.09.2019.

(FATEH DEEP SINGH) May 27, 2019 JUDGE

We were expecting the grant of bail on this day as all the evidence was in our favor. This case is being pending since 18 DEC 2018 and on last hearing another date is given. My laywer said, a private lawyer from girl side has filed a wakalat nama on this date and aksed the court to grant some time for filing reply on the evidence which we have submitted. In the previous date there was DAG who was arguing on this case from state of haryana side but now a private lawyer will represent state of haryana? is it possible? please advise to get out of this situation.
Asked 6 years ago in Family Law
Religion: Hindu

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24 Answers

1) court had granted an adjournment 

 

2) basically when you file for Anticipatory bail your wife can take out a application that no AB be granted without considering her objections 

 

3) her lawyer will oppose grant of AB

 

4) Govt lawyer will advance his arguments and court will pass orders after hearing both parties 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

The private party who has lodged the fir will contest the case. Although this order means that nobody was present from your side.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No private lawyer will.represent the complainant side not the state. And as per order your advocate was not present in the court.

The matter is adjourned since your side advocate was not present.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The matter is adjourned means you got next date in the same. No private lawyer can only assist state lawyer she can't independently proceed with the case

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

Dear Querist

the complainant may also engaged her lawyer for fighting the matter before the court and that lawyer may argue the matter before the High Court after permission of the Govt. Advocate.

the private lawyer can not represent the govt. but may only assist the public prosecutor/DAG/Govt. Counsel

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Your advocate is lying to you as no appearances were recorded.

Private lawyer cannot represent the state of haryana, but private lawyer can represent defacto complainant.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Your Advocate wasnt present. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

None means your lawyer was not present.


And instead of dismissing the anticipatory bail application the court adjourned the matter.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It appears your lawyer was not present in court on said date 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

Yes you can change the lawyer and it will not affect your case as your case is based upon the facts and circumstances and hence engage a good lawyer who can argue and is present every time case is listed.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes. You can change your lawyer. Changing your lawyer would not have any adverse effects on your case.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You are at liberty to change your lawyer 

 

it would not affect your case adversely 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

  1. The State of Haryana is represented by the public prosecutor only. The girl's private Advocate is watching advocate to safeguard interests of the girl and is representing the girl, not the State of Haryana. 
  2. The order stating present: none means your lawyer didn't appear. 
  3. Yes you can change your lawyer

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

As per order your advocate is not there.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See this won't effect the case you can engage an advocate taking NOC from current  advocate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Present none can be parties not present.  If lawyer is present it's marked in roznama.  Change of lawyer is a personal decision depending on your faith in him

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

Private lawyer will not represent state of Haryana, he will be representing the girl side alone.

In fact on the last hearing date there was no one present before court hence the honorable court has adjourned the case to some other date.

Your bail application matter will be heard on 17.9.2019 after they file their side counter to the objections they have raised to your bail application.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

The order is very clear that there was no representation from any side hence it was mentioned that none was present. You may ask you lawyer that whether he was present or not before the court on that particular date of hearing.

 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

You can very well change th3e lawyer even at this stage, it may not affect your cse just because you have changed the lawyer but it may make a difference if the newly appointed lawyer may not be very effective and skilful as the previous lawyer.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Hello, 

A private lawyer will just represent the complainant and not the state 

you may ask some other advocate to cross check the file. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

There might be a technical error (none present) and might be that the lawyer is lying. 

As advise ask some other advocate to peruse the file. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

yes you can change the advocate at this stage also. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear client 

Yes this is possible as lawyers are there to represent the party if they want them to appear before court and a private lawyer can join the hearing at any stage of case from either side. 

And DAG will be assited by that lawyer in further hearing in High Court. 

Present None can be possible as a new lawyer from complainant side has filed the Vakalatnama and requested for adjournment of case for that day. 

You can change the lawyer at any stage of the case but that can effect you if new lawyer is less experienced than previous lawyer. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that either your lawyer was present or he was not, if he was present then he should file an application for the correction in the order.
  2. Also he would have to file an application for early hearing or will have to withdraw the Anticipatory bail by filing another application for withdraw, and that is for a reason that he has made a mistake by not taking interim protection till next date of hearing.
  3. As there is no interim protection, client can be arrested at any point of time.
  4. I would advice you to hanged your lawyer and file an application for bail in High Court itself and ask for interim protection if time granted to the other side.
  5. Rest, you are free to call me at any time for any further legal help.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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