Vasanth MS (General) 07 August 2015

Trouble to get bail for false case

I applied bail 4 times and withdraw each time as opponent party and police were strongly object to give bail. My lawyer withdrew my bail paper without informing me. He said like my side is week and if court reject, then getting bail will be difficult.

Now I appliled bail again with additional points to support my side. But my lawyer is saying like court has new judge (junior judge) now and the just sent my bail application to senior judge who managed my previous bail papers for any objection. But that senior judge is on bench and will take to get response from that senior judge also. My lawyer is saying like i have to wait sometime for sr. judge reply to new jr. judge like whether he can handle this bail or not.

My question is

1. Is this the normal procedure or my lawyer is cheating me?

2. Will the new (junior) judge would depend another (sr.) judge who taken that case previously? Is it the normal procedure?

These procedures are confusing me like if that sr. judge went to another state or retired or dead or not reachable or long leave, how the court with jr. judge managing the case/bail application normally?

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 08 August 2015

Sir,

Please specify the sections, I mean tell your lawyer to get it dismissed and move to the High Court.

He is simply lying because the bail always goes to a single Judge having the Jurisdiction.

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

9899011450

SAINATH DEVALLA (LEGAL CONSULTANT) 08 August 2015

Applied bail 4 times and withdrew,it dosen't mean withdrawl,but bail rejected by court after strong objection from police and opponent.I feel that U are being misled by UR lawyer.Mention the gravity of the case and the sections involved.

Vasanth MS (General) 08 August 2015

Dear Kapil Chandna Sir,

Already the AB filed in high court only.

Can I understand from your reply like my bail application will go to senior judge who handled previously as said by my lawyer? else the new judge will handle my application as my lawyer is lying?

In addition, initially that sr. judge taken my bail app. when he was in change, now he moved to another section in the same court (as every 3 months, they are transfer to another court). Now the jr. judge sending my paper to sr. judge. this is what my lawyer is saying.

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Dear Sainath Devalla,

FIR filed under sec 420, cheating case. I and opponent were known each other. The opponent filed a case like I got a money from opponent and not returning. But I didnt get such amount. They also dont have any proof, but they produce the general email / general phone talk as the proof that I am known person to them, based on this they have given money to me.

If this case comes to argument, definately opponent party will fail as they dont have any proof and such incident never happen actually. So they talked something to police and police also supporting them. I think so.