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treza bhat   06 April 2023

Bail hearing postponed

My relatives bail application got postponed to next date because the government lawyer didn't sign on the stay order.For the first hearing he didn't submit the stay papers now he went on leave.My relative is a senior citizen.Because if these dates and public holidays his procedure is just getting postponed.Can anyone please suggest me a solution.This hearing is for posco section 12.


 13 Replies

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     06 April 2023

Please share your laste order so i could give you appropriate advice...

treza bhat   06 April 2023

The hearing has been postponed with the reason..."Awaiting notice"

mohit dahiya   06 April 2023

sir apply for application for proponenment of the date by giving valid and justifiable reasons . u can get a short date for arguments. Thanks .
1 Like

T. Kalaiselvan, Advocate (Advocate)     06 April 2023

Law is common to all.

The senior citizen also has to observe the procedures of law because he is not above law.

You wait.


1 Like

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     06 April 2023

If your date is longer than usual you file an application for early hearing in the concerned court to fixed the matter before it is listed.... otherwise you have to wait to untill your matter come... 

1 Like

treza bhat   07 April 2023

The question is can a court hearing be postponed just because the government lawyer is on holiday and didn't appear for the hearing.? Can one signature cause so much delay?

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     07 April 2023

No, court work never stops, if one govt advocate i.e APP ( additional public prosecutor) then there should be any substitute of that APP of some another court/court room... because of his holiday why should you suffer....? You can give an written application in the bar office of that court by mentioning your facts and circumstances.....

1 Like

Dr J C Vashista (Advocate)     07 April 2023

@ Treza Bhat,

Court functioning shall continue and not stop when a public prosecutor is on leave.

What is your concern / dispute / problem / locus standi ?

Prima facie it is a time pass post.

1 Like

treza bhat   07 April 2023

It's a bail application.I need clarification on the rules for bail application.That could the government lawyer sign on the stay application before hand.This is the second time he didn't appear for the procedure.And we are just getting new dates.

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     07 April 2023

Once the date is given then it is give... if you want to oppose this postponed thing then you should have argued at the time when they were postponing the matter.... now you can do is just wait for the day...

Purna chandra Misra   11 April 2023

public prosecutor's office never falls vacant If one goes on leave some other will be in charge Ask your advocate to make out the matter and there after file an advance petition to take the hearing everything will be solved

T. Kalaiselvan, Advocate (Advocate)     11 April 2023

If unfortunately the public prosecutor is on sudden leave and has not deputed a different lawyer to attend the cases posted for that date,  the court also may not be able to proceed,  hence the case will be adjourned. 

You have to wait because it is a matter of decision to grant bail to the accused hence without the knowledge or objections of the PP the court will not take any decision 

Niyam Bhasin   18 April 2023

In Amarawati And Anr vs State Of U.P Full Bench of 7 judges ruled bail application must be decided same day. Also see Satender Kumar Antil vs CBI case on bail guidelines. Recently SC warned lower courts to strictly follow guidelines or they'll be withdrawn for judicial work. In Motamarri Appanna Veerraju SC held bail to be decided expeditiously without delay as liberty is sacrosanct 

Bhasin Adv. Mumbai

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