Adv Nitin Kumar (Selfemployed) 06 October 2012
Case in Uttar Pradesh ( Ghaziabad) , Since last three year we are on Stay of Arrest in this case, Now I have came to know that another party want to break our stay, Case is completely baseless and fake, now how I came to know that the stay is break, what should I have to do to get the relief if stay is broked ,main problem for my aged mother only.
What should I have to do.
Sanjeev (Lawyer) 06 October 2012
Stay of Arrest is granted by Allahabad High court by referring the case to mediation. You can check whether the stay of arrest is still valid or not by checking the status on the Allahabad High court site by checking the case number.
If the cstay is vacated you and other accused would need to secure regular bail from the CJM court Ghaziabad.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 October 2012
Stay once granted won't be vacated unless you are given an opportunity to contest and defend the same. Sometimes the stay is conditional. If the conditions are met, then stay cannot be vacated in your absence. Stay once granted is vacated normally on account of circumstances accruing after the grant of stay for eg : failrue to report for mediation/tampering with evidences/threatening witnesses etc.
Bharat Chugh - Advocate Supreme Court of India
Rahul Kapoor (Legal Enthusiast) 06 October 2012
regular bail can only be granted once you get arrested. stay can be cancelled if u have violted some terms of stay.
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