Make application in HC for expedited hearing of bail application as she is behind bars for for over a month and there is no evidence against her
Expedition of bail from HC
Hello. It is about a "govt. job in lieu of cash" case. There are 2 FIR (dated June, 2021) on main accused, each FIR accusing scam of around 22 lakh. The main accused, the husband is behind bars since 8-9 months for some financial scams of the past of similar nature. The problem is, her wife has been "falsely" named as co-accused in both these FIRs. Underline that she is totally innocent. Almost 35 lakh was transacted online from claimant account to the account of husband and none online transfer of money to wife's account! However, in FIR, the claimant accused that they handed over 5 lakh to the wife in cash (which is a fictitious lie). No financial transactions between husband and wife accounts either! Anyhow, since she was co-accused, we applied for instant AB bail in lower court in both cases and those AB got rejected. Subsequently, she got bail in 1 case by sessions court fortunately, however, strangely though, the sessions court rejected her bail in another case and she got unfortunately arrested by the police almost a month ago. We recently applied for the bail in HC, however, the HC judge, postponed bail hearing for almost 1.5 months from now (presumably without even looking into the merit of case). What are our options now? We do not want to wait for 1.5 months, especially since the co-accused is totally innocent. She is around 48 year old, had by-pass surgery almost 1 year ago, a mother of 3 (her youngest son, 15 years old is totally distraught) and she taught in private school for 9 years in a row. Reiterate that she is totally innocent and we are ready to go to any extent to get her out of jail. What are our options now? May pls guide.
Asked 4 years ago in Criminal Law
Religion: Hindu
8 Answers
An urgency application may be filed in the high court so that hearing may commence immediately. Any instructions from the state may have come by now and the matter may be heard by the judge.
You can opt for bail in supreme Court if HC doesn't entertain the same. Or you need to circulate the matter for early hearing citing her health grounds on record to Hc
Dear Sir/ Ma'am,
As you have stated that she has been unnecessarily detained and the hearing has also been delayed hence the best would be to file an urgent hearing application in the court to look into your bail application expeditiously.
Thank You.
Hi, the lady has no other way she to press the bail matter in the High Court. Once she gets the bail then she has to file Petition under Section 482 of the Cr. P.C for quash the FIR.
1. The State shall have to prove her involvement in to the matter submitting evidence and in absence of it she is entitled to bail.
2. Payment of money for getting Govt. Job skipping the test/procedure is also a crime.
3. Her Advocate shall have to make mention about the matter and advance the date of hearing of the bail application.
4. If bail is not granted by the High Court, Supreme court shall have to be approached.
- Only on the ground of disclosure statement of other accused in the case , she should not be behind of bar
- Further, as there is not proof of payment of the said amount to her ,and only on the aversion that she has received the amount in cash cannot make her an accused for the offence.
- She can move an urgent hearing application before the said court for hearing the bail application on urgent basis on the ground of her medical problems, and to grant her bail in the case before going the outcome of the merit of the case.
The plea of innocence can be raised in the trial proceedings.
If the bail application is rejected by high court, then the lawyer has to follow it up through the registrar.
However for regular bail one need not approach high court, they can get the bail granted by the trial court itself, if the application is dismissed then she can prefer an appeal before sessions court or high court.
Hence you may gather the details that why they approached the high court directly seeking regular bail and follow it up through their advocate.
