u/s 439Cr,p,c,

Querist : Anonymous (Querist) 06 February 2011 This query is : Resolved
what will be the effect of a subsequent bail petition u/s 439 Cr.p.c in the court of sessions judge by a different petitioner for an accused person when a petition of the same kind moved by an another petitioner in the same court for the same accused person is in the pending state

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Advocate. Arunagiri (Expert) 06 February 2011
The petition filed first will be heard and the second one will be discarded, if both the petitions are filed by mistake. If both the petitions are filed intentionaly / wantonly the court will take action on the petitioner.

Raj Kumar Makkad (Expert) 06 February 2011
It is not understood, how other person being petitioner can file the petition on behalf of accused. Always petitioner remains accused person and not other than him. If some other person has moved then both the mentitioned petitions are liable to be dismissed with exemplary cost.

Kiran Kumar (Expert) 06 February 2011
probably you have not been able to state your facts clearly.

if there are two different accused then the bail applications so filed individually will be decided as according to the merits of the case.

however, the same accused wont be able to file two bail applications simultaneously in the same court.

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