section439 of ipc

vijays (Querist) 20 December 2010 This query is : Resolved
if accused in PCR,could we file bail application under section 439 of ipc?

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s.subramanian (Expert) 21 December 2010
No. It is expressly barred.

Vinod Singh Tomar (Expert) 21 December 2010
unless accused is taken in the MCR (Judicial custody, you can not file application.

Devajyoti Barman (Expert) 21 December 2010
The accused whether in police or judicial custody, secton 439 crpc applies anyway.

vijays (Querist) 22 December 2010
yes we can file devajyoti i hv a case law for this.

Ajay Bansal (Expert) 23 December 2010
NO.WAIT TILL JUDICIAL REMAND.

Arun Kumar Bhagat (Expert) 01 January 2011
There is no bar. 439 application is maintainable.

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