amarendra (lawyer) 17 June 2008
deepak kumar (Advocate) 17 June 2008
if the CJM is in charge of vigilence court and has passed the order as vigilence court then you have the remedy of filing a bail application before the Hon'ble High court.
ASHUTOSH (lawyer) 18 June 2008
you can move bail in session court if u will not susses then go to high court you can move so many times either in high court court of session with new fact and circumstanses
Kiran Kumar (Lawyer) 19 June 2008
please check wether the high court concerned has provided for the powers of the vigilance judge to the CJM.....if the CJM has the power equallent to the vigilance judge in such matters then approach the High Court under section 439 Cr.P.C
and if the order is totally out of the jurisdiction then move an application under Section 482 Cr.P.C for quashing of that order also.
arunprakaash.m. (advocate) 19 June 2008
Appeal against the order of the CJM will lie to the Sessions judge. Why should we directly goto high court? When court of sessions and high court have a concurrent jurisdiction then first we have to approach sessions court if sessions court reject the petition then only we have to approach. Any body clarify this?
deepak kumar (Advocate) 19 June 2008
if cjm has the power of vigilence judge then next move will be to go to high court as the vigilence court exercises the power of sessions judge.
K.C.Suresh (Advocate) 20 June 2008
Option is to approach the HC. Becuase the vigilance Court constituted under the special Act i.e., PC Act, 1988 is a court with orginal jurisdiction. The appeal natuarly goes to HC. The CJM while holding the charge of Vig.Court if rejects the bail an appeal can be entertained by the HC. No other options. Adv. Suresh.K.C, B.A., LL.M (Crimes), PGDHR (Human Rights), Legal Adviser (rtd) Vigilance & Anti-Corruption Bureau Kerala State and Special Public Prosecutor.