Anticipatory baill in 498a
sohail
(Querist) 19 July 2012
This query is : Resolved
In Session our Advocate undertook to pay Rs. 1.0 lakh to the complainant. to which we have not paid. Later she filed cancellation of Bail which the Session Judge allowed and our Bail got cancelled.
Now we have made an appeal to the High Court, but the judge has said that your aDvocate has undertaken, so you have to pay Rs. 1.0 lakh (Please note husband - Accused No. 1 is not party to the application as we have made him go away from India to work in abroad)
Please give me citations for the same and Supreme Court rulings that money cannot be a crteria for sanctioning of bail
Devajyoti Barman
(Expert) 19 July 2012
Only the provisions u/s 438 and 439 are taken into account while dealing with bail or cancellation of bail petition.
The famous Dolat Ram case is still oft cited decision while dealing with cancellation of bail.
sohail
(Querist) 23 July 2012
But the Judge still cancelled our Bail for non payment of Rs. 1.0 lakh saying your Advocate has undertaken to pay on your behalf
sohail
(Querist) 23 July 2012
PLEASE ANSWER, the High Court date is on 27.7.2012, as the Judge for High Court is also saying have to pay the said amount for the Bail
V R SHROFF
(Expert) 25 July 2012
Playing with and cheating HC??
Why to undertake to pay when do not intend to do so??
Bail is at discretion of Court. It is not money, it is your bonafide/ ur intention that court consider .
