Rampal Singh (bussiness) 28 September 2015

Impact of rejection of slp on regular bail

hi,

I am an NRI and dowry case was filed against me in 2010. Chargesheet was issued in 2011, and after that NBW were issued as I could not come to India. Recently, my advocate challanged entire proceedings and NBW in High Court, it got dismissed with simple order that since applicant is not in India, the court is not inclined to intervene. There is no adverse remark as such, and no direction to come to India or to surrender. I do want to come to India and surrender, but looking for some interim protection from NBWs. Now my advocate is suggesting to move to Supreme Court. Please note that I am not applying for AB, as this is case of Uttar Pradesh. I am instead seeking interim relief on NBW to surrender in court.

My question is this: If my SLP is rejected, will it adversely impact my regular bail proceedings? My lawyer is saying that two are independent process under different section of law, and one would not impact other. Please advise.

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3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 29 September 2015

Approaching HC was misguidance on the part of UR advocate.HC is right in its direction.My sincere advice is going to SC will not yield positive result,whagt happened in HC will be repeated.Hence better surrender and apply for regular bail simultaneously along with the requisite surieties.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 29 September 2015

Never land in India. You are safe there. Else your passport may seized. You advocate has miss argued in HC that is the reason your AB got rejected. It is their business.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

https://www.lawyersclubindia.com/forum/details.asp?mod_id=126460&offset=1#.VgJwk9Kqqko

AS 30 September 2015

Dont come to India is best ..I agree to Rocky Smith.

If SLP got rejected , then will it have -ve impact on bail, Answer is yes and no both ....Depends on two factors :-

1. what is written in rejection order.

2. How smart her lawyer is to modify and present the things , For sure her lawyer will use this as argument in regular bail that "Cruelty is done by this guy , even SC has not given relief" ....

Final Advise - Dont come here as of now....