Already on bail by lower court but High court again ordered to take bail

[appla raju]

I have a situation charges got framed u/s 498A.We had filed petition U/S 482 in HC challenging the lower court order.We had filed urgency petition for disposal of the matter.Judge gave order without going through prayer in the petition. And ordered to surrender before the lower court and apply for bail as per law.Here i want to tell you that we are already on bail by lower court.Please suggest what to do should go for appeal or we have to take bail again as per order or as per law.

[Dr. Ashok Dhamija]

While passing the order, the high court might not have been aware of the fact that you are already on bail in the same case on the orders of the lower court. You should have brought this fact to the knowledge of the high court when it passed the order.

Anyway, you can try to get the high court order modified, as there appears to be an error apparent on record, by bringing the correct facts to its notice. Usually, the high court may modify the order if the correct facts are made known to it and if there was an error in its order.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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