Filing of SLP against the dismissal of bail after a long time of wrong legitimate counsel: HC to Supreme Court

The Supreme Court noted that the filing of a special leave petition challenging the High Court’s rejection of release was unusual after such a long period of time and that the proper line of action would be to seek bail before the High Court.

The court made this statement while hearing a petition to throw aside the High Court’s 2016 order, which had been delayed for 1320 days. Justices Sanjay Kishan Kaul and Hrishikesh Roy of the division bench said they didn’t understand why a special leave plea was filed after such a long time.

“This is inaccurate legal advice,” the bench said, adding that “the right line of action would be to seek for bail before the High Court.” The Bench made the remarks after noting that it had come up in various situations where a special leave petition had been filed against the denial of bail over the years.

“This Court believes that the applicant has not presented a case for bail, based on the nature of the offense, its gravity, the evidence supporting it, and the overall circumstances of the case. As a result, the applicant’s request for bail is denied. It has been completed.”

The counsel for the applicant had argued that the charges of the request of share and maladies were untrue which the deceased had committed suicide due to a few domestic contradictions with her spouse as the spouse was not educated as to the deceased and he was disappointed by this inequality.

It was moreover contended that the unlawful death of the decedent had passed on under abnormal circumstances within a long time of the marriage which there was no adequate clarification as to why she did commit suicide.

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