Plea to prepone the date of bail in high court
Vikas
(Querist) 14 February 2013
This query is : Resolved
Dear sir/ madam
My brother has been charged with 420 ipc and sentenced 2 year imprisonment in a fraud of land case by session court. Since then we have done compromise with the other party, paid them full amount as demanded and submitted the compromise to the high court with plea for bail. On first hearing in high court, He was given a next hearing date of 4 th feb and on 4 th feb given yet another date of hearing 20 march though court accepted the compromise affidavit. Since then my fathers condition has deteriorated and brother is the only male member of the family who can help with his condition. We want to request court to prepone the next date of hearing and release my brother from the prison. He has been in prison now for 1.5 months inspite of the compromise. Please guide if the plea for preponing the date of hearing will be the right step and what are chances of this being successful. Thanks a lot.
Devajyoti Barman
(Expert) 14 February 2013
Mention the matter in the high court on this ground and pray for pre-poning the date.
Have you filed quashing petition as the case should have been quashed now.
Raj Kumar Makkad
(Expert) 14 February 2013
The chances of pre-poning remain very bleak in such cases. The high court has already accepted the compromise so the decision on the next date of hearing are almost certain so better t wait till next date of hearing.
Kamal Grover
(Expert) 14 February 2013
High court will not prep one the case on this ground.
It is better to file quashing of FIR else only bail will not sortout your case as once FIR is filed it becomes case against state and state never compromise.
So better to consult your lawyer or engage any expert lawyer and then proceed further.
Regards
adv.kamal.grover@gmail.com
9814110005
Advocate
Punjab and Haryana High Court, Chandigarh
