Bail applications

Navi (Querist) 17 March 2013 This query is : Resolved
Sir
Accused filed quashing petition in High court with concealment of offences so the same case got dismissed. The very next date accused applied for anticipatory bail in session court again concealed one offence of 468 IPC.

At the time of arguments, we brought the concealment in notice of session judge and we filed 340 Application in same bail application. Judge issued notice to other advocate & accused in 340 application.

Now, the bail is still adjourned..so would like to know that Can Session Judge still give bail after taking the cognizance of concealment in same bail application by noticing the accused & their advocate.

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Raj Kumar Makkad (Expert) 17 March 2013
Taking cognizance and providing bail are two different aspects. Sessions court may also reject the bail on this ground and may also grant as this is discretionary power of the court, however the proceeding as initiated under section 340 shall not be stopped merely on the ground of providing bail.

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