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vinod (partner)     08 July 2011

Pls advise

 

An accused had to withdraw his bail application in high court as he could not meet the conditions set by the court.

It was advised that further bail application can only be put up after change in circumstances.charges are under sec 420,467,468,471,120B for forgery and causing loss of 4.5cr.

 

the case is between state and accused(applicant for bail) and the complainant(who has been cheated) is objector to bail.

 

If the objector withdraws his objection will this be treated as change in circumstances or change in circumstances is after triall has started and witnesses from prosecution deposed.

 

pls advise



Learning

 2 Replies

amarendra (lawyer)     08 July 2011

probably u mean the person who reportd or lodged the FIR if wants to withdraw his report if that is so it is nt permisibl however u cn enter in to a compromise with him since offence u/s420ipc is compoundbl and then move bail afresh

Arvind Singh Chauhan (advocate)     08 July 2011

In Addtion to Amerendra Sir's advice. High Court can under it's inherent jurisdiction u?s 482, may quash the FIR or proceeding in terms of compromise.


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