Is chances of getting AB is low in vacational bench of SC
Querist :
Anonymous
(Querist) 10 June 2015
This query is : Resolved
Dear Sir,
I need to apply for anticipatory bail in supreme court in 498a and 406. These days there are vacations going on in SC. My lawyer is advising to wait for 1 July when the courts will be reopened.
According to him, vacational benches are not good and are reluctant to give AB to husband in 498a and 406 cases.
Dear sirs please tell if my lawyer advise is worth to follow. Other side of the coin is I need to remain undeground for 3 weeks if I wait for vacations to be over.
Please advise should I apply AB now in vacational bench of SC or wait for vacations to be over?
V R SHROFF
(Expert) 10 June 2015
No reply to Anonymous query.
SAINATH DEVALLA
(Expert) 10 June 2015
Repeated query by Anonmyous,
Previous query,
http://www.lawyersclubindia.com/experts/My-AB-cancelled-in-HC-and-personal-threat-from-to-my-father-541421.asp
R.K Nanda
(Expert) 10 June 2015
no reply 2 aq.
Querist :
Anonymous
(Querist) 10 June 2015
@Sainath Devalla it is not a repeated query. The query you mentioned is focused on IO. This query is more on vacational bench.
Querist :
Anonymous
(Querist) 10 June 2015
@ malipeddi Shroff Sainath Nanda.... my id is amitbansal1981... I was not aware that anonymous query is not answered. Next time I will put query with id. Kindly reply to this query this time. I am not able to edit by section now.
Querist :
Anonymous
(Querist) 10 June 2015
@ malipeddi Shroff Sainath Nanda.... my id is amitbansal1981... I was not aware that anonymous query is not answered. Next time I will put query with id. Kindly reply to this query this time. I am not able to edit by section now.
Querist :
Anonymous
(Querist) 10 June 2015
Dear Sirs,
Please reply to the query I need your valuable suggestions to move forward. Will be great help.
Anirudh
(Expert) 10 June 2015
The AB is to be applied for in the respective High Courts.
What is the special reason that you are trying to approach the SC for this purpose?
Anirudh
(Expert) 10 June 2015
I do not know why the Experts here are selective in answering Anonymous queries.
Some times they answer without any hesitation. See http://www.lawyersclubindia.com/experts/My-AB-cancelled-in-HC-and-personal-threat-from-to-my-father-541421.asp#.VXfcUFK4Rh8
Yet in other times, they simply say 'No answer to Anonymous query'.
It is quite baffling.
SAINATH DEVALLA
(Expert) 10 June 2015
YOUR PREVIOUS QUERY:
Dear Sirs,
My AB has been cancelled by HC. Intially IO went two times to the person who gave me jamanat once. He harrased him. Though IO knew that jamanati has no idea where I am.
Today IO, though he is from Haryana Police, come with some UP police personal to my father who is in UP and ask him to get me surrendered. I am working in South.
IO was threating that if I not surrendered till Friday, he will get warrent issuesd against my name and go to my company in South and make scene. Even I underground he can do the same. Supreme court appeal will take some time since my SC lawyer is asking to wait to get SC vacations over till 1 July.
Since as per him vacation benches are reluctant to give AB.
I am trying to understand why IO went to jamanati though he knew jamanati has no info about me. Why he went to my home town knowing I wiĺl not be there for sure. Why instead of threating my father he didn't come to me directly in South and arrest me. Why he is threating my people to ask me to surrender. Please help me.
That query was duly answered by the experts,wherein U mentioned AB granted was cancelled by HC.
UR AB is likely to be turned down in the Supreme Court,as the highest court grants AB only in extraordinary cases and not mandatory.
The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.
Hence AB in SC is a remote relief.
Querist :
Anonymous
(Querist) 10 June 2015
Sire Sainath sir....
Further my query is do Ineed to go with vacational bench of supremecourt for AB or wait for regular bench in july. The flip side is if I wait for regular bench I have to underground for 3 weeks that may cost my job. If I filled my case in vacational bench the chances of AB may reduce. Please when to file AB?
SAINATH DEVALLA
(Expert) 10 June 2015
U have been advised not only by me but also by other experts that chances of getting AB in SC is not that easy and the ratio is 50/50
Biswanath Roy
(Expert) 13 June 2015
Go for regular bail on condition from the trial court by engaging an weighty criminal lawyer. Generally after rejection of AB by the High Court, lenient view cannot be taken up by S.C.
