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Defence Application u/s sec 439/2 by prosecution against accused.


23-Jan-2023 (In Criminal Law)

My Brother inlaw was implicated in offence u/s 304, 336 etc. bail was granted by BHC on conditions of depositing several lacs within 2 months, without recording reason and that to on acceptance of his counsel without consent, He being poor could not comply the condition, He challenged the order in SC, the matter is under scrutiny, now, prosecution moved bail cancellation u/s 439/2 crpc, on 18th at 20:40 they served notice without informing date being next day 19th thereafter again on 20th next is on 27th. What would be remedial advice in this regard?

Answers (3)

Answer #1
686 votes
You need to consult a lawyer. Appropriate advice can only be given after studying the relevant documents and the court orders. It is not possible to advice you anything just based on this query.
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Answer #2
561 votes
You will have to contest on two different fronts - # 1 - BHC - You will have to convince the court that the Bail should not be cancelled as once Bail is granted then the same court can cancel the Bail only on violation of the conditions of the Bail Order. But, in your case, your Brother has not yet deposited the money and I presume that he is still in Jail then no purpose will be served by cancellation of the Bail. # 2 - Supreme Court - You will have to convince the Supreme Court that because of poor financial condition of your brother, though he is granted Bail but he has not been able to deposit the money and come out of the Jail, hence he deserves sympathy of the Supreme Court by reducing the deposit money as per his financial condition so as he is not languishing in Jail inspite of getting the Bail. Hoping that your doubts are cleared !
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Advocate Namitabh Kothari

Adv. Namitabh Kothari

LawRato Mumbai | 25+ Answers
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Answer #3
543 votes
you may keep track as it is available on net . you may defend your self or hire a lawyer who will defend for your best. you must draw the court attention that already the matter is sub judiced before Hon'ble Supreme Court and all the other necessary facts and law. but advising remedy is you must appear and fight both the applications.
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Advocate Sagar Kothari

Adv. Sagar Kothari

LawRatoPune | 5+ Answers
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