bail

Querist : Anonymous (Querist) 14 October 2010 This query is : Resolved
i want to take bail for 20yrs boy arrested under 302 ipc..where do i need to move my bail petition.lowest court..please suggest..

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RAKHI BUDHIRAJA ADVOCATE (Expert) 14 October 2010
Dear Author,
U will have to file the bail application in session court first. But first tell me what the FIR sasys whether he is the main accused or co-accused? My cell no. is 9871158578

Querist : Anonymous (Querist) 14 October 2010
fir was lodged against two other suspects but after verval inquiry along with the suspects he was also arrested. now problem is that sesion court is 368 km away from my town and in my town there is the FTC and CJM and JMFC so can i move my bail application to any of these courts. remand period will be over on 19th oct'2010

Guest (Expert) 14 October 2010
YOU MAY SUBMIT CRIMINAL APPLICATION FOR BAIL TO THE DIST AND SESSIONS COURT HAVING AREA JURISDICTION OR TO THE HIGH COURT.KINDLY NOTE THAT SEC.302 OF I.P.C.IS TRIABLE BY DIST AND SESSIONS COURT AND HENCE LOWER COURT OF C.J.M.AND J.M.F.C .CAN NOT RELEASE ACCUSED ON BAIL UNLESS THE BAIL ORDER IS TAKEN FROM THE SESSIONS COURT OR HIGH COURT PLEASE NOTE.
GOOD LUCK.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100, 9271071251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com

pawan sharma (Expert) 14 October 2010
i. first u may file Bail Application before the concerned Magistrate, then filtit before the Court of sessions, also descussed the case with local Advocate.

Raj Kumar Makkad (Expert) 14 October 2010
Sessions Judge because the matter is triable by sessions court only.

aman kumar (Expert) 20 October 2010
repeted

pawan sharma (Expert) 20 October 2010
dear, rajkumar ji session can not take the bail directly in the matter of bail ob trial except the matter deal with 199(2) of Cr.P.C.

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