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harassed husband (def)     14 November 2011

Proceedings: bail on same day

Request members to advise the detailed  proceedings (step wise) at Trail court if the 498a case is referred back from HC to local courts with the following directive-

Heard learned counsel for the applicants and learned A.G.A. for the State respondent. 

The present application has been filed under section 482 Cr.P.C. for quashing the proceedings of Complaint Case No. XXXXX under Section 323, 504, 506 IPC, P.SXXXX pending in the court of XXXX

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submission made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482, Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. 

The prayer for quashing the proceeding is refused. 

However, it is provided that if the applicants appear or surrender before the courts below within a period of 30 days from today and apply for bail, then their prayer for bail be considered in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-290 (affirmed by Hon'ble Apex Court in Kamlendra Pratap Singh v. State of U.P.)� For a period of 3 weeks from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them. 
With the aforesaid observations, the application is disposed of finally



Learning

 13 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 November 2011

What was the stage of the case in Trial court, when you went for quash?

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Sanjeev (Lawyer)     14 November 2011

Once this order is passed by HC you will need to put a bail application in the CJM court along with the copy of this order. The other side would be present to oppose your bail application at teh CJM court concerned. If bail is granted you will have two fill the bail bonds with two sureties of the amounts as specified in the bail order.

The facts and trend in UP as per my experience is that the main accused dont get the bail on the same day (90%). The other family members charged get bail on same day. So tto be precise the husband has to spend 2-3 days in custody and get the bail from sessions court.

If chargesheet is filed there remain a option of Quashing of chargesheet that is available to you. This may again get the proceedings stayed for 8-12 months as the HC could send again for mediation. This may give some more time to you than seeking bail now.

Rajeev Kumar (Lawyer/Advocate)     14 November 2011

I agree with mr.Kapoor and sanjeev

harassed husband (def)     15 November 2011

In case the judgement of HC is challenged in SC? Most likely it will be dismissed but how much time can it delay the matter??

Sanjeev (Lawyer)     15 November 2011

See the case if admitted in SC can get this stayed for 1-2 years as there is lot of pendency of cases in SC though the case decision would not be in your favour as it wont get quashed. if your only purpose is to gain time rather than seeking bail and delay trial then try resorting for this option.

 

This is costly option and would cost you much but be careful in choosing a good lawyer as it may happen the case is not admitted and rejected at initial stage as there are no grounds for challenging the HC order.

harassed husband (def)     15 November 2011

Dear Sanjeev,

Tanks for info!

As advised by you the choice of councel will decide the duration of proceedings in SC. But i fail to understand that if there are no grounds for challenging the HC decision, then how are such appeals admitted initally?

Please excuse me for such a query , asked out of innoncence and in good spirits only!!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 November 2011

Grounds can be made only from the order of HC, as it is being challanged/

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

bhupender sharma (head)     05 January 2012

I would be better to surrender and get the bail as directed by the Hon'ble High Court. It was quite premature to file the petition for quashing.

ravindra (Analyst)     05 January 2012

As order from HC go for interim bail.

Regards

Ravindra Sonavane

Adv Prashant (SELF PRACTICE )     09 December 2016

Once this order is passed by HC you will need to put a bail application in the CJM court along with the copy of this order. The other side would be present to oppose your bail application at teh CJM court concerned. If bail is granted you will have two fill the bail bonds with two sureties of the amounts as specified in the bail order. The facts and trend in UP as per my experience is that the main accused dont get the bail on the same day (90%). The other family members charged get bail on same day. So tto be precise the husband has to spend 2-3 days in custody and get the bail from sessions court. If chargesheet is filed there remain a option of Quashing of chargesheet that is available to you. This may again get the proceedings stayed for 8-12 months as the HC could send again for mediation. This may give some more time to you than seeking bail now.

 

Adv Prashant (SELF PRACTICE )     09 December 2016

Once this order is passed by HC you will need to put a bail application in the CJM court along with the copy of this order. The other side would be present to oppose your bail application at teh CJM court concerned. If bail is granted you will have two fill the bail bonds with two sureties of the amounts as specified in the bail order. The facts and trend in UP as per my experience is that the main accused dont get the bail on the same day (90%). The other family members charged get bail on same day. So tto be precise the husband has to spend 2-3 days in custody and get the bail from sessions court. If chargesheet is filed there remain a option of Quashing of chargesheet that is available to you. This may again get the proceedings stayed for 8-12 months as the HC could send again for mediation. This may give some more time to you than seeking bail now.

 

Addie Handler   09 December 2016

In the Exchequer, when the bail do not appear to justify on the day ... proceedings may however be obtained on the same day on which the bail bonds Tickfaw have justified.

Addie Handler   09 December 2016

Originally posted by : harassed husband

Request members to advise the detailed  proceedings (step wise) at Trail court if the 498a case is referred back from HC to local courts with the following directive-

Heard learned counsel for the applicants and learned A.G.A. for the State respondent. 

The present application has been filed under section 482 Cr.P.C. for quashing the proceedings of Complaint Case No. XXXXX under Section 323, 504, 506 IPC, P.SXXXX pending in the court of XXXX

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submission made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482, Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. 

The prayer for quashing the proceeding is refused. 

However, it is provided that if the applicants appear or surrender before the courts below within a period of 30 days from today and apply for bail, then their prayer for bail be considered in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-290 (affirmed by Hon'ble Apex Court in Kamlendra Pratap Singh v. State of U.P.)� For a period of 3 weeks from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them. 
With the aforesaid observations, the application is disposed of finally

In the Exchequer, when the bail do not appear to justify on the day ... proceedings may however be obtained on the same day on which the bail bonds Tickfaw have justified.


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