Legal Question in Criminal Law in India
Hi Expert, We have our relative inside the JC since Aug,2010.In Sept,Delhi High Court has ordered CBI to file the status report within four weeks.But they didn't. Recently on 10th March,the bail application was again not heard as the CBI/State was not ready with their files. Delhi High Court gives the date of July,2011 and also given final opportunities for 2 weeks to CBI to file the status report. And for bail Hima Kohli said that 7 months is not sufficient for bail.
My question is that if CBI will not file the status report in 2 weeks,then can this be useful to us in any case? Can we move the bail application as for early hearing stating this reason that CBI is careless and not taking up the orders of High Court seriously? What actually status report has?
2 Answers from Attorneys
Who is your lawyer before Justice Hima Kohli ?
Sir, for bail what is more important is the role of the applicant in the offence alleged. From status report, the court from the mouth of the prosecution want to know what is the role of the accused applicant and what is the stage of the charge sheet and/or trial and further if the accused is released on bail what does the prosecution has to say on the accused tempering the evidence, if any.
You may ask for pre-pone ment if CBI does not file the report or ask for interim relief
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