Please Advice next step after the AB rejected by High Court
Querist :
Anonymous
(Querist) 17 August 2010
This query is : Resolved
Case History in briefly
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Person C has registered a complaint against A1, A2, A3 U/S -406/420/506/34. Police has issued an arrest warrant against the person A1, A2, A3. To avoid the police arrest A1, A2, A3 prayed for the Anticipatory bail before High Court. But due to the negligence of their lawyer High Court rejected the Anticipatory bail application.
A1, A2, A3 are fearing to surrender as there is a life threat for them by the person C.
C is an influential person and having the muscle power in the locality/police jurisdiction where the FIR has been registered.
Couple of years back C has kidnapped A1 for a ransom and there is a case pending against C before a session court for the same. At that time A2 and A3 was the prime witness for that kidnapping case against C.
A2 and A3 are brothers and came from a lower middle class family of teacher. Their aged parents are totally depending on them for daily bread and butter. His father age 80 years and Mother age 73 years are heart patient. His father has undergone the heart surgery couple of times.
A2 and A3 has does not have any link/contact with the person C, who complained against them.
PLEASE SUGGEST/ADVICE WHAT WOULD BE THE NEXT COURSE OF ACTION SHOULD TAKEN BY A1 , A2 , A3 TO GET THE JUSTICE OR TO GET SOME RELIEF FROM POLICE as well the THE PERSON C.
Devajyoti Barman
(Expert) 17 August 2010
The only viable legal recourse available to them is to apply for bail before the Supreme Court. If rejected then either to surrender or wait till submission of charge sheet.
adv. rajeev ( rajoo )
(Expert) 18 August 2010
Either apply to the supreme court or voluntarily surrender before the court and apply for the bail.
Chanchal Nag Chowdhury
(Expert) 18 August 2010
U have not stated the nature of the negligence of the lawyer. If it was rejected due to the lawyer's non-appearance, U may apply afresh through another lawyer. in the High Court. Otherwise, U have to move the Supreme Court as already suggested. Remember,U have to move before a charge sheet is filed.
M/s. Y-not legal services
(Expert) 18 August 2010
You didn't mentioned about the reason for rejection of the bail petition. Better you can surrender the b and c before any judicial magistrate then you may file the bail petition. Don't blame about lawyers. Consult your advocates and clear the reason. For your information matter is complicated mean, without filing charge sheet court wil not grant bail.
Guest
(Expert) 18 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING ANTICIPATORY BAIL REJECTED BY HIGH COURT KINDLY NOTE THAT.
1.YOU MAY KINDLY SEND THE COPY OF ORDER OF ANTICIPATORY BAIL REJECTED BY SESSIONS COURT AND ALSO COPY OF ORDER OF HIGH COURT.SO THAT THE REASON BEHIND THE SAME CAN BE CONSIDERED FOR PREPARING FURTHER BAIL APPLICATION.
2.YOU MAY ENCLOSE THE CERTIFIED COPIES OF THE COMPLAINT MADE AGAINST C WHICH IS PENDING AT SESSIONS COURT.
3.KINDLY NOTE THAT IN CASE THE PETITIONERS ARE INNOCENT THERE IS ANOTHER WAY OUT.
YOU MAY FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE FALSE COMPLAINT FILED AGAINST A1,2,3 BY ENCLOSING THE CERTIFIED COPY OF F.I.R AND COMPLAINT FILED AGAINST THEM. YOU MAY ALSO APPLY FOR STAY AND QUASHING THE WARRANT ISSUED BY THE LOWER COURT AND APPLY FOR BAIL IN THE SAID MATTER.
4.IT IS RISKY TO APPEAR BEFORE THE LOWER COURT AS CHANCES OF ARREST.
5.YOU HAVE ANOTHER REMEDY OF APPROACHING SUPREME COURT BUT IT WILL BE VERY COSTLY FOR YOU.
6IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR CALL OR SMS WILL HELP YOU.
GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
pawan sharma
(Expert) 18 August 2010
in U's query ground is not clear for rejected your's Anti..Bail.
you can apply to regular bail before the Magistrate concered.
Kiran Kumar
(Expert) 18 August 2010
its better to approach Supreme Court for Anticipatory Bail
since the complete facts along with the complaint are not in front of us so remedies like quashing can not be advised at the moment.
seek bail first, the ground mentioned of earlier litigation is a good point for consideration.
in case you surrender then there are bigger chances of arrest.
s.subramanian
(Expert) 18 August 2010
I agree with Mr.Barman and Mr.Kiran.
Uma parameswaran
(Expert) 18 August 2010
Anticipatory bail petition again can move before High Court or petition to quash FIR can also move before high court.
Querist :
Anonymous
(Querist) 18 August 2010
Dear Sir ,
I am really thankful to all of you for your valuable time and suggestions on this regards.
As of now it is not known that what is the exact reason for rejection of the Anticipatory Bail from HC . The lawyer who has applied the Anticipatory bail on behalf of the petitioners’ before the High Court is reluctant to share the information regarding the rejection of the AB by HC.
The fact is that the lawyer has been appointed by a Middle man who assured the petitioner’s (A2 and A3) father (who is 80 years age) that his sons will be released within 4 days and taken away the money for the same. It was really unfortunate that after taking the money, the Middle Man did not share the information like (Who is the Lawyer , What is the CRM NO , when would be the date scheduled for the hearings of Anticipatory Bail in High Court etc.) Then all those information’s have been collected from the High Court cause list and then when the Lawyer has been contacted he said that the Anticipatory Bail has been rejected, but did not share the reason of the rejection.
Following may be the consequences once A1, A2 and A3 will surrender at lower Court
1. It is also to be noted that A1, A2 and A3 are belongs to one state and the person C who complained is belongs to a different state. The person C is an influential person with muscle power in his locality/police jurisdiction where the FIR has been registered. So if A1, A2 and A3 would go for surrender, they have to surrender before the Court/Police Station which falls under the state, where the Person C belongs to.
2. So there is a highly chance that the person C (who has complained) would physically assault A1, A2 and A3. He has threatened the same to the petitioners’ parents over phone.
3. It is to be noted again that A2 and A3 are falsely framed by the Person C because when the Person C had kidnapped A1 , at that time A2 and A3 has witnessed it put the complain against C and there after the Person C has threatened A2 and A3 to face the dire consequences.
4. Now as a common man one thing coming to my mind why the petitioners will be punished (if they surrender/detained by police) unnecessarily and why they will put their life and their whole family in danger for a false charge , which they are not related at all the charge specified by the person C .
Can the petitioners will be allowed to apply the Anticipatory Bail again before the same High Court. , where the Anticipatory Bail has rejected once. If so what would be the process to apply the AB again before the same High Court.
I will appreciate if any body will guide us to prepare a draft copy of best possible way to re-apply the AB in High Court.
Incase the Anticipatory Bail rejected again by the same High Court , what would be the next course of action for the petitioners. What would be the other legal option they can avail at that point of time.
If we go to Supreme Court how much percentage of chance to get the Anticipatory Bail approved/accepted by honorable Supreme Court.
If again it is rejected before Supreme Court , what would be the next course of action for the petitioners.
Querist :
Anonymous
(Querist) 21 August 2010
Dear Sir/Madam ,
I am eagerly waiting for all of your valuable suggestion/guidance on the above scenario . Please help us to come out from this situation.
I would appreciate your timely suggestion on this regards
