anticipatory bail granted by high court on application which concealed material facts

[Sushil Mehta]

Sir,

Accused vs state, 323,379,427, 452 ipc

Anticipatory bail application dismissed by ADSJ District COURT, Accused not approached the court with clean hands Accused challenge the order in High Court Chandigarh. Application contents changed, many material facts hide, the High court on said application grant the interim bail
no notice to me, not to police,
please advise what next action from me, under which section, Hiding of material facts it is perjury contempt, ??? please advise /help
Regards
Sushil Mehta +919418621618

[Dr. Ashok Dhamija]

You have the following options in this situation (I am presuming that you are the complainant in this case, though you have not mentioned it specifically):

• You have mentioned that the high court has passed the order for grant of interim bail. This means that the final order for grant of anticipatory bail is yet to be passed. So, you can appear in the case and oppose the grant of bail on the grounds available to you. Or, request the public prosecutor to oppose it.
• If final order has been passed by the high court and if it is passed by a Single Judge bench, and if your high court rules permit appeal from a Single Judge bench to a Division bench, then you can appeal against the decision in the Division bench.
• If final order has been passed, you can file an application for cancellation of (anticipatory) bail granted, though generally it is rare to see the cancellation of anticipatory bail applications.
• If final order has been passed by high court, you can file SLP in the Supreme Court, though the chances of success in such a case would be less for you.

With regard to your second question, let me point out that normally there is a clause in the Verification of the Affidavit filed along with applications / petitions that “nothing material has been concealed” or something similar. This is on oath / affirmation. So, suppose such a clause was mentioned in the application before the high court, and if you believe that the accused had concealed material facts, then this may amount to perjury since he has given false affidavit in such a situation.

     

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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.

[Sushil Mehta]

Dear Ashok Sir,
Thanks for your valuable guidance, Affidavit is there, I peruse for perjury,

the final order is not passed, next date is 18th August,

Thanks and Regards
Sushil Mehta +919418621618

[Author]

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