Chances of SLP and how long it will take
After applying for divorce case by me, my wife filed 498A, 406 against me. My AB is rejected by high court Jodhpur, the order read as "after going thorough the case diary, it is revealed that Prima facie offence is made out in 498A".
I want to know chances of SLP and the average time it would take. I am also thinking of opting for regular bail as it almost took high court 2 months to decide on my AB. I don't want to wait for this long as I want to fly back ASAP to Australia once chargesheet is filed after regular bail.
Asked 2 years ago in Criminal Law from Jodhpur, Rajasthan
in SLP you may get the remedy, you should filed SLP with an application for condonation of delay or file petition u/s 482 of Cr.P.C.
Advocate, New Delhi
Thanks for the reply. U/S 482 would be tough as per my high court lawyer, I would rather fight on merits. Can you please tell me the average time Supreme Court may take to decide on SLP, I mean after a date if they call for case file n things, I believe that will delay the process. If it would take more than 2-3 weeks, I would rather appear before court for regular bail, I guess in worst case scenario I have to spend 2-5 days in judicial custody. Please sugges in detail a bit, thank you very much!
Asked 2 years ago
SLP may take more then 4 weeks, but the supreme court may grant stay on arrest till the final disposal of the case.
Advocate, New Delhi
1. Going to file slp is not a wise idea as if it's rejected then your bail would be a very distant possibilities.
2. Rather ask the IO to submit charge sheet as after its submission you can get bail easily on surrender.
Your approach is appreciated. You better surrender yourself and get enlarged on regular bail which will be more easier and less time consuming as well less expensive.
But remember that you may not fly back to Australia permanently, you have to return to India for appearing before the criminal court of law on each and every hearing or else your bail will be cancelled and an arrest warrant will be issued.
1. There is no guarantee that regular bail will be granted, more so if the HC has rejected it. Rejection by HC weighs heavily on the mind of the lower court which is subordinate to and under the direct supervision of the HC.
2. Move to SC through SLP. Nobody can tell you the chances as every case is specific on the face of its own merits. The SC may grant you bail on the first hearing or it may do so after hearing the other party. It is the absolute prerogative of SC.
3. The average time taken by the SC in such cases is 3 months or thereabout.
4. If you land in jail you will not be able to fly back. Move the SC before opting for regular bail.