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Shaurya (dsbfm,bvk)     28 October 2012

Quashingpetition pending at high court may affect bail grant

Will Trail court deny Bail  In section 376 case ( Case is of promise to marry)where both parties have compromised and their joint petiotion is pending in high court and on the same date the accused bail hearing is pending in trial court and chargesheet has been filed in trail court ...........????????


P.s. High court rejected the bail application a month ago  and gave a date for qaushing  and that time chargesheet was not filed . but now chargesheet is filed and the aprties want to marry each other and in this matter bail applicatiob is filed in trial court



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 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 October 2012

After the recent Supreme Court judgment in the case of Gian Singh v. State of Punjab - High Courts are no more empowered to quash cases of rape on the basis of compromise and marriage. Quashing now would be done only on the merits of the case i.e if the case appears to be an abuse of the process of law, and since chargesheet is presented it is prudent to argue on charge. Pendency of quash petition before high court won't affect power of trial court to grant bail post presentation of chargesheet.


Bharat Chugh

* Advocate Supreme Court of India

1 Like

Arvind Singh Chauhan (advocate)     28 October 2012

I fully agree with Mr. Chug. Whatever proceeding is going on high court, you have to seek bail unless you obtain stay on the proceeding of the case in lower court.

Kiran Kumar (Lawyer)     28 October 2012

Bharat is right....this Gian Singh judgment has limitized the powers of the High Court.

 

but the bench may take some lenient view in the matter provided the matter is presented in appropriate manner.

 

seek quashing but on proper grounds.

 

since the girl is in your favour so there are almost nil chances of the order being assailed before SC or otherwise the quashing being opposed by the prosecutrix but the state will definitely oppose the petition.

Shaurya (dsbfm,bvk)     29 October 2012

Thanx everyone


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