• On court transfer and anticipatory bail application

A very politically influential person filed an FIR (issue of facebook posting)against me in a distant state.I got interim bail from sessions court of that state,on the condition to appear before IO,before 1 month. But i fear going to that particular place to cooperate with the investigation,because the police can be influenced by him, and i fear harassment .Anticipatory bail application is pending for final hearing in sessions court , and as per order, i need to directly appear for the hearing. In this situation , what can i do ,so that my application is not rejected ? (since i cant go to that place due to dangers ,and fear of police being influenced.high court is also in same place.hence cannot approach ) . If i file in supreme court for granting transfer of court to my home state,by giving reasons, can i avoid police interrogation in the current place where case is now ? Also how can i ask for a stay on AB application, in the sessions court, so that it is not rejected ?
Asked 4 years ago in Criminal Law
Religion: Christian

27 answers received from multiple lawyers

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27 Answers

You can seek transfer of investigation to some other body or police station at some at neutral place where in the Investigation is not influenced. 

Stay on AB is not available high court may protect you pending the transfer petition.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You must comply with orders passed by sessions court 

 

2) cooperate with investigations appear before IO 

 

3) if you don’t appear your Anticipatory bail application would be rejected 

 

4) you can later apply for transfer of case in SC on grounds that complainant is influential figure 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If you will not go to I. O for joining the investigation then court will dismiss your bail application. 

And it will go against you even if you Will go to High Court. 

You should go there once if you feel unsafe move an application to that illaqa SUPERINTENDENT OF POLICE that video order dated I granted interim anticipatory bail but provide me police protection as the complainant is mighty person and threatening me to kill

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Supreme Court will not entertain your application on this grounds. You can try in SC but you need to prove that there is real threat to your life. You can take direction from supreme Court that your presence may not be necessary for last hearing

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

If you will not cooperate , AB will definitely reject.

Presently, case is under investigation, no transfer will order by court. File protection application court siting danger to life if went to that place. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You can seek a transfer of the trial from the High Court in case you want to get a transfer within a state and from the Supreme Court if in a different State. Danger to life would be a valid ground to seek a transfer.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

File transfer petition in Supreme Court.

Apply high court for speedy disposal of your anticipatory bail application.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear

You should appear before IO as directed by the sessions court or your Interim bail can be cancelled and you may have to face custody due to this act. 

You can file a transfer petition before Supreme Court on ground of life threats and influence of complainant on Investigation agency.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can try your luck sir in SC

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You can offer to be available for investigations through Skype 

 

however  if court has directed you to appear personally before IO then you must appear before IO 

 

if you dont appear you would not be granted AB 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Move a written application to I. O AND S. P explaining that I am suffering from disease medical attached. 

For that you have to take help of doctor where doctor will advised you not to travel on medical documents. 

On the basis of that S. P can send an I. O to you or if he will not send then you can show that application before high court and court wilwill give you some more time or direct I. O to join investigation at your place. 

But for that there must be strong medical advice

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

You need to appear before the court.

You have to comply with orders of court, and that, you need to cooperate with the IO in his investigation.

If you fail to appear before court, your AB application will be rejected.

You appear before court, demonstrate to the court about your apprehensions and convince the court, if it is not convinced / considered your application will be rejected.

You have to move transfer application before Supreme Court.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Any option is possible by court order only.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

To put it differently, anticipatory bail may be granted for a duration which may extend to the date on which the bail application is disposed of or even a few days thereafter to enable the accused persons to move the higher court, if they so desire.

The High Court and a Court of Session, have concurrent jurisdiction to grant anticipatory bail. There has been a judicial conflict as regards to the Court competent to grant anticipatory bail, when the place of commission of offence and the place of apprehension of arrest lie within two different states  but the dictum accepted by majority of the High Courts is that that, a court of Session or the High Court having jurisdiction over the local commission of offense can only grant anticipatory bail.The High Courts of Rajasthan, Madhya Pradesh, Gujarat and Delhi have been firm on the legal position that a court within whose jurisdiction a person apprehends arrest for a non-bailable offence is competent court to grant anticipatory bail and a court has no jurisdiction to grant anticipatory bail to the petitioner against whom a case has been registered in another state.The Kerala High Court has also held that an arrest made outside the State will not be protected by an order under Section 438 unless the offense itself is alleged to have committed within the state. Whereas on the other hand, the Bombay High Court has taken a contrary view and held that if the offense is committed in one state but arrest is expected in another State, the High Court in the latter state can entertain application for anticipatory bail. The unique stand taken by the High Court of Karnataka and Gujarat regarding the same appears to be more suitable interpretation wherein it was held that:

Sec 438 Cr.P.C. provides relief to the person apprehending arrest even though the court may not have jurisdiction to deal with the offence. He can seek relief in the court within whose jurisdiction he ordinarily resides. Anticipatory bail of limited duration can be granted with a direction to the petitioner to approach the court concerned. Thus an application under Sec 438 should be finally decided by only the court within whose jurisdiction the alleged offence has been committed.

Your case do not fall under the above category since you have already been granted interim bail.

You may have to get the bail application dismissed by sessions court as well as by the high court and then prefer an appeal before supreme court.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You cannot disobey the court orders.

Your medical reasons or any other reason has to be projected before court on the next date of hearing and get the conditions relaxed.

If you dont appear before the police for investigation, they may write to the court about it and seek cancellation of bail for this reason.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have a genuine reason to not to go there, and can file transfer petition in the Apex court of our country.
  2. But, would advice to file only when you have strong proof of your apprehension if getting harassed there.
  3. And otherwise, you have got the interim relief if don’t appear then AB will get rejected.
  4. But, yes, if you can get the stay over the proceedings in sessions court by making application of stay in transfer petition then would be saved form it’s rejection till the time get it transferred.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Yes you have to appear with an advocate and file detailed reply of same before court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See it would be better to approach high court first as if SC rejects your petition then there shall be no way out.

Also file writ through advocate.

If no interim relief is there you can be arrested.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

if your bail application is rejected by sessions court you can challenge said order in HC 

 

2) for transfer of case from one state to another you can file petition in SC 

 

3) better engage a lawyer for said purpose 

 

4) during pend ency of your petition you may not be arrested 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Supreme Court will tell you to aporach high court as the alternative remedy

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You can file a transfer petition before supreme court, but it will not be maintainable

What do you mean by suo moto petition, no such petition will be entertained by supreme court.

.If the bail application is rejected by sessions court, you may apply for bail before high court.

You will not be arrested till the application is disposed by high court.

 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You have to lodge private complaint with magistrate under section 500 of IPC in case offence of criminal defamation has been committed by accused by maligning your reputation 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

The position of law is that only after the courts cognisance police will act in non cognizable cases. Police cant suo moto act in NC cases

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

you can file a defamation case in the respective District Court. For that, you have to file a draft complaint petitition stating your circumstances and annexing all your supporting documents. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Can i file a writ petition of certiorari - WILL dismiss. 
Can file defamation complaint in court only. If magistrate feel so and require than can direct the police to register FIR and investigate.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

- Since, your AB is pending before the session court , hence if you are feeling safe you  then you should wait for the out come of the said application before joining the I.O. in that place. 

-  Further without getting order for rejection , you cannot approach the High court now , and further the same rule will apply , if you will apply Supreme court for transferring the said matter . 

- Further, for an anticipatory bail , your appearance is not mandatory before the session court as well. 

- However as the court has already directs you to appear before the court , then you should at least sent your reasons like medical to the said I.O. with a request to joining him online , and further you can also inform him for your inability to appear before him. 

- However, if your AB application rejected , then you can approach the higher court on your genuine ground for taking bail . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

A criminal defamation can be filed through private complaint with magistrate under section 499 and 500 of Indian penal code.

There is no court fees in criminal matters expect ticket fees. 

if the charges are read with other criminal sections, then the police may register FIR for this defamation case along with commission of other crimes involved in this aspect

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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