You can go for cancellation of his bail. Challange this bail order and Contest it.
I want to challenge High court decision to grant a bail for Petitioner whose trial is in process U.S IPC 302,201,304B,34. His bail applications rejected from session court and he was behind bars since June'17. Now HC evicted him on 30th July'18 on grounds "The trial would take time.Without commenting on the merit of case ,the petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal and surety bond to the satisfaction of trial court/duty magistrate."
Okay ! It would be better for you to hire a senior advocate for your case in high court. You can apply for cancellation of bail.
Dear Client,
Very recently Supreme Court has ruled that -The Need To Pass Reasoned Order In Every Case, so this order is not complete justice.
Next bail can be assail in S C as charges are grievous and reason that trial shall take time - this can be good reason in those cases where accused has spent half term of punishment in jail.
In case of an offence punishable with death or life imprisonment the person is not released on bail if the prima facie evidence makes it reasonable to consider him guilty.
the said order given by Punjab and Haryana high court so can I challenge the order in Delhi or need to go the particular high court only. and also can I hire a private lawyer for this because case is individual vs. state of haryana
You have an option of filing an appeal against the impugned order of the high court in the Supreme Court to swt aside the order of the high court, granting bail to the accused.
You can take the defence that accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the evidence, then bail will be refused.
You can also file for cancellation of bail wherein the ground for cancellation of bail would relate to post-bail incidents, indicating misuse of the said privilege, an appeal against an order granting bail would question the very legality of the order passed.
It will be assail in Supreme court only and u/s 372 - relative of victim can appeal against the order and can hire advocate only to assist PP.
1. The order of bail can be challenged in higher court wither on the merit of the order or by filing cancellation petition in the same court if the conditions set forth in the order of bail is violated.
2. So you have two options- challenge the order in supreme court or file petition for cancellation of bail in the same high court.
3. However it is not clear how are you related to this case. if you are de facto complainant then you can engage an advocate and challenge the order in supreme court or file the bail cancellation petition whatever you want.
Any objection or review in this concern has to be made through the state itself. You cant move an individual application in this concern would not be entertained.
Yes you can hire a private lawyer to present your case for cancellation of bail. You have to go to punjab & haryana high court for the same.
Sir you can appeal the order of High court before the SC on the grounds also there is option of filing cancellation of bail in same high court for cancelling of Bail.
You may challenge this order before the Supreme Court of India. But as per my opinion, it shall not be beneficial because bail granted due to delay of prosecution. I advised you that concentrate on your trial. For further opinion,you may contact me.
Yes you had to engage a personal advocate for effective proceedings in favour of you .... You may challenge it before the supreme Court ar revision petition before the high court....
We might help you with.that.. specialized in criminal cases .. contact us at
brlegalassociates.com
hello
an application for cancellation of the bail application should be filed in the HC itself stating grounds on which you are filing this application. the full facts of the case if told could be helpful in a better appreciation of the controversy at hand.
regards
1. On what grounds do you fault the order? Normally such typical bail orders only are passed by the High Courts while disposing the bail application. The delay in the completion of trial is a ground on which the bail can be granted. The accused cannot be confined behind bars during the length and breadth of the trial if it is to take time. If the accused is eventually held not guilty by the court he would have still spent undeserving time behind bars.
2. Be that as it may, you are free to approach the Supreme Court for the cancellation of bail granted by the High Court.
3. You have to engage your own lawyer.
There appears no legal infirmity in the orders passed by high court while granting bail to the accused.
If you are affected party then yo can challenge the same however you have no grounds to challenge the same even though you are one of the affected parties.
By enlarging him on bail will not be a reason for his acquittal, he has to face trial proceedings.
the said order given by Punjab and Haryana high court so can I challenge the order in Delhi or need to go the particular high court only.
and also can I hire a private lawyer for this because case is individual vs. state of haryana
You may have to challenge the same in the same high court.
Yes, you can hire a private lawyer only.