See if your advocate will press the application and will not withdraw it court have to pass some order of rejection on merits. Based on such order you can go before SC.
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ABA process in Ranchi HC in 498A/406
Learned counsels: Upon rejection of AB from sessions (which is obvious) in Jharkhand, AB is applied in HC. Now, there’s very pathetic trend of Victim Compensation by Ranchi HC. Either, they give you AB with arbitrary imposition of victim compensation. Or, they dispose off the case saying that it is withdrawn by the Petition (Unfortunately, counsels are inclined towards this). Now, with unreasonable amount, I am willing to go SC. QUESTION: How can I successfully get AB rejected from Ranchi HC ? Any procedural or important thing I need to do then and there to secure rejection (Given, limited time of hearing allocated by courts) Please guide. I don’t want to get exploited by unjust practices.
Asked 6 years ago in Criminal Law
Religion: Hindu
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9 Answers
What were the reasons for rejection of AB by sessions court
2) it is necessary to peruse said order ti advice
3) A few circumstances under which Anticipatory Bail may be refused are: The possibility of the Applicant to abscond in the event cognizance is taken by the trial court or warrant of arrest has been issued by the trial court. If the prima facie case with which the Applicant has been charged can be made ou
You cannot force court to reject your application for AB if you have filed one seeking AB.
If the court is imposing heavy cost then you can prefer an appeal against the cost portion before the appellate court i.e., the supreme court.
It will only be rejected on merits and no other chances
1. The concept of victim compensation is alien to anticipatory bail, albeit it can be applied to regular bail.
2. Let the High Court either reject the ABA or allow it to subject to the compensation condition and then you can challenge it.
So such condition can be impose to grant AB. Condition which are necessary to grant bail and limited and specific. And now in such cases, no arrest if you cooperate in investigation. Even after AB, you have to.
If HC court impose any such condition, than can challenge the condition in SC. Directly SC will not entertain your petition and will direct you to appraoch jurisdictional HC.
High court will simply decide the case on merits and not on the fact that session court rejected such application.
The ranchi hc has this practice of interim victim compensation. It is true. You should refuse to pay the same. Even if the court imposes it then too you should immediately go to the supreme court challenging only this part of the order. It is completely legal.
1. It will not be beneficial to get the bail rejected from High court and apply for anticipatory bail in supreme court.
2. When you file anticipatory bail in supreme court then supreme court can remand back the matter to High court for reconsideration of bail relief.
