(Querist) 19 October 2021
This query is : Resolved
In a criminal case, (cheque bounce case), the accused has been sentenced to one year simple imprisonment punishment by the lower court. The accused appealed to the next appellate court and the appellate court confirmed the lower court’s order. The lower court order dated 22.08.2014 and the appellate court order dated 18.04.2017. As the person was roaming scot free, the trial court was questioned under RTI Act about the action taken on the accused and the trial court informed me that warrant has been issued to the concerned police station to apprehend the accused on 19.08.2021 after seeing my letter dated 11.08.2021. Under these circumstances, please clarify the doubts i) Whether the accused can file bail petition and get bail ? ii) Whether a third person who is not the complainant can file a caveat and object the bail petition ? I would be very grateful if clarification is provided on this matter since the accused, an unscrupulous person is creating lot of problem to me by filing false & fictitious civil suit disturbing me mentally, financially and physically.
Advocate Bhartesh goyal
(Expert) 19 October 2021
( 1 ] Accused may file bail petition but court will reject it and send him jail. ( 2 ) Neither third person can file caveat nor any objections are maintainable.
Dr J C Vashista
(Expert) 20 October 2021
The convict had no alternative but to be arrested and sent to jail soon (immediately) but can not remain "free" when his appeal was dismissed, as stated by you. The facts posted are not convincing.