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ravislr (sr)     26 June 2012

Anti corruption case in high court

My uncle convicted under section 7 and 13(1)(d) of PC Act 1988 (Anti corruption) (1 year RI) in lower court. We have appealed in high court. Recently the case came for hearing and the arguments are completed. A few days after arguments high court bench changed. All the anti corruption cases were shifted to different bench. My lawyer is saying we need to do arguments again before the new bench. The case status in high court portal is showing as CAV…what does CAV means. Someone told me that the old bench will pronounce the judgment (where arguments already completed) as the case status is showing as CAV and there will not be need for arguments again before new bench. Is it true?

 

One more question…if we lost the case in high court also how many day will be given to surrender before lower court to serve the lower court punishment (1 year RI). How many days it takes to pass the orders to lower court from high court? Is there any way we can get bail in Supreme Court to avoid surrendering. My uncle is 70 years old and suffering with prostate problem and osteoarthritis. Is there any we can get bail or postponing the surrendering on medial grounds?



 3 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     26 June 2012

Dear Querist,

 

If you apprehend that HC final Order & judgment would go against your interest, you may request the Hon'ble HC to allow you sometime or else you may immediately seek help of lawyer practising in Supreme Court for filing Special Leave Petition along with application for bail or exemption from surrender based on grounds that you have mentioned. Althouth you will have 90 days time to move to SC, but considering the facts and circumstances and the urgency involved, you may immediately take steps for urgent filing of SLP as well as above application.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     26 June 2012

 

Dear Querist,

 

If you apprehend that HC final Order & judgment would go against your interest, you may request the Hon'ble HC to allow you sometime or else you may immediately seek help of lawyer practising in Supreme Court for filing Special Leave Petition along with application for bail or exemption from surrender based on grounds that you have mentioned. Althouth you will have 90 days time to move to SC, but considering the facts and circumstances and the urgency involved, you may immediately take steps for urgent filing of SLP as well as above application.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi.

Guest (Guest)     26 June 2012

Once the arguments have been finally heard and the judgment has been reserved, the same would be pronounced by the very bench which heard the arguments irrespective of any change in the roster.

 

For the second part of your query you have been advised well by NuDelhiLawFora.

 


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