Bail application

Manjunath.T (Querist) 24 January 2012 This query is : Resolved
Sir offence punishable u/s399,402 ipc,in crime stage accused in J C,Now which bail application i have filed and where session and magistrate court.

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Devajyoti Barman (Expert) 24 January 2012
First in Magistrate court and then sessions court or high court.

Advocate. Arunagiri (Expert) 24 January 2012
Both the offenses are triable by Sessions Court. So, the bail application ought to be filed in the sessions court only.

Even then the Magistrate can not reject the bail application. But, the opt court is Sessions court.

Devajyoti Barman (Expert) 24 January 2012
As long as the accused person is in custody the bail applies u/s 437 crpc lies before Magistrate only.
Bail applications before sessions court or high court lies only u/s 439 crpc after the Magistrate rejects such bail prayer.

M/s. Y-not legal services (Expert) 25 January 2012
yes arunagiri sir., here also with out the dismissal order j.m's, dj will not entertain direct bail applications..

so its mandatory.

-tom-

M/s. Y-not legal services (Expert) 25 January 2012
we advocates have to do something against this foolishness of judiciary.,

for example., 302 ipc. obviously its a sessions' trial., if the accused in judicial custody mean without j.m's dismissal we cant go to district court.. what a formality?

-tom-

V R SHROFF (Expert) 25 January 2012
439 follows 437
High Court/Sessions comes in picture when mm JMFC rejects bail

Shonee Kapoor (Expert) 26 January 2012
Rightly advised, first in JMFC and then Session Court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Bail application

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