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amarendra (lawyer)     17 June 2008

what to do ?

i have a problem , a govt servent has been arrested by vig. police u/s 13 p.c. act and is in custody our vig.judge has been transfered the cjm is in charge who is the original court and before whom the accused was produced and he rejected the bail now how can he ent bail u/s 439 crpc. ?


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 8 Replies

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


 


ashutosh(adv)

Prakash Yedhula (Lawyer)     19 June 2008

You can approach the High Court for bail

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.

arunprakaash.m. (advocate)     23 June 2008

Thank you mr. suresh for your calification


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