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krishnajoshi (n/a)     19 August 2012

Slp criminal

What happens if during hearing of SLP Criminal appeal judge ask me to surrender and does not approave my bail request ? Is there any other way to prevent jail order ?



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 6 Replies

R.K Nanda (Advocate)     19 August 2012

State full facts of ur case.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     19 August 2012

Dear Querist,

 

As per practice prevailing in the Supreme Court, the Hon'ble Court may ask you to first surrender and file proof thereof and thenafter, your bail application may be heard.

 

However, the above view is, of course, subject to what facts in your case would reveal.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     19 August 2012

Dear Querist,

 

As per practice prevailing in the Supreme Court, the Hon'ble Court may ask you to first surrender and file proof thereof and thenafter, your bail application may be heard.

 

However, the above view is, of course, subject to what facts in your case would reveal.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

krishnajoshi (n/a)     19 August 2012

Sir i was falsely accussed for anti corruption case and high court have asked me to surrender to jail authority. Meanhwile i filed for extension period in order to file SLP in supreme court. Now before i file SLP i am having some confusion and i need some clarification on that. I am in impression that once SLP is filed whether or not i need to surrender (Bail Application) will be decided during SLP hearlng itself and then my arguments will be heard. Is that so ? or is surrender certificate must for further litigation ? Basically i am trying not to surrender and i want to know if there is any way to argue in front of Honb'le Supreme court without surrendering first ?

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     20 August 2012

Dear Querist,

 

Further to my previous advice, whether or not surrender is necessary or whether can be prayed before the SC for exemption from surrendering would largely depend on facts in your case and the Order passed by the HC which you are seelking to challenge. 

 

Once SLP is filed, an application for exemption from surrendering  will also be filed and same shall be heard along with  the SLP during admission hearing itself and necessary Order would be passed. Thereafter, if so directed, surrender certificate has to be filed. If your case is strong, you may not need to surrender also and necessary exemption from surrendering may be obtained from the Hon'ble SC. These all depnd on many factors including facts and circumstances of the your case.

 

You can get SLP filed and on admission hearing, you project your case as well as grounds for exemption from surrendering, if after hearing the Honb'le Supreme Court  would think it fit and proper, necessary order may be passed by the Honb'le Court.

Trust this would suffice.



Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi

krishnajoshi (n/a)     20 August 2012

Sir thank you for the clarification.


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