Legal Question in Criminal Law in India
498a case reg against me and my family in gurgoan
my lawyer said u will not get a/b in session court so he applied for a/b at lower court and it is dismissed by court as my lawyer didn't appear on hearing.
he say that u r main accused so u will get relief from high court only at Chandigarh. he say its just formallity to apply at lower court .
pls tell me is he is handling my case properly or not.
now he he fillling a/b in high court at chandigarh
5 Answers from Attorneys
The strategy adopted by your lawyer is not correct to my knowledge. I feel you could have got A/B from the Sessions Court. It is surprising that u/s 438 CRPC , your lawyer had applied the A/B before the MM court when he should have applied before the Sessions court as the power to entertain . grant and reject A/B is given only to Sessions and High Court under section 438 CRPC. ..................... Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
you are required to file Anticipatory bail application before sessions court and then if rejected by sessions court it can be file before high court.
Answer may depend on facts and circumstances of your case in addition to the sections invoked.
Apart from this, if any person has any doubt about lawyer/advocate appointment by him/her, then best recourse is to switch over to another advocate.
I agree with Mr. Kalra. Apply for ab urgently thru a local chandigarh counsel. Our firm has associates in Chandigarh. We may be able to help you.
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