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bail is required or not to record statements after compromise in lower
28-Sep-2023 (In Criminal Law)
fir is loged 420 against me and challan not presented yet, matter compromised and i filed quashing in high court, and high court ordered parties to record statement before illaqua magistrate. but i did not get bail . plz suugest me i should get bail for appearing and record statements before lower court or not?
Hi!
Thanks for your query.
1. Yes, of course you must get bail before appearing in lower court.
2. You must approach Sessions court for bail as there is little apprehension that lower court might reject your bail. It's totally on the discretion of the Honorable Judge. So, It's good to get bail from Sessions and then appear before the lower court.
3. After getting bail, approach the Investigation officer and request him to present the challan before the Honorable court.
4. After the challan is presented, Prosecution evidence will start. As the parties have compromised already. Tell it about it to Public prosecutor and ask him get this fact enlightened before the magistrate.
5. Since, the parties have compromised, The main complaint will come into witness stand and deny his own statement which he had stated in his complaint.
6. When the main witness I. E complainant gets hostile, case becomes feeble. After this formality, Magistrate may close the prosecution evidence by order, may record the statement of parties about compromise and acquit you accordingly.
7. After getting the certified copy of order approach the Honorable high court for quashing.
Thanks!
Thanks for your query.
1. Yes, of course you must get bail before appearing in lower court.
2. You must approach Sessions court for bail as there is little apprehension that lower court might reject your bail. It's totally on the discretion of the Honorable Judge. So, It's good to get bail from Sessions and then appear before the lower court.
3. After getting bail, approach the Investigation officer and request him to present the challan before the Honorable court.
4. After the challan is presented, Prosecution evidence will start. As the parties have compromised already. Tell it about it to Public prosecutor and ask him get this fact enlightened before the magistrate.
5. Since, the parties have compromised, The main complaint will come into witness stand and deny his own statement which he had stated in his complaint.
6. When the main witness I. E complainant gets hostile, case becomes feeble. After this formality, Magistrate may close the prosecution evidence by order, may record the statement of parties about compromise and acquit you accordingly.
7. After getting the certified copy of order approach the Honorable high court for quashing.
Thanks!
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Adv. Vikram Sethi
Abohar | 100+ Answers
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