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Anticipatory bail

(Querist) 16 January 2014 This query is : Resolved 
My brother was charged In a case of 304 (which does not apply to this case of death by negligance).

The session court rejected the ABA. The high court took it up for 3-4 hearings. The judge was also of the opinion . that 304 does not apply. Also, there was no evidence against him. She granted interim bail and asked him to participate in police investigation giving him 2 days to go to the PS and share all information.

He was there for the entire two days and gave all his statements. Following this, the judge changed. In the last hearing, the new judge rejected his bail. It has been a week since the ABA was rejected. The bail order is not out. Hence we do not know the basis on which this was rejected.

Can we get some insight on if we can pursue the high court once again, as the earlier judge through extensive 3-4 hearings had given interim bail.

Any advice will be very useful. This case pertains to the Mumbai High court.
Advocate. Arunagiri (Expert) 16 January 2014
You have every right to file a fresh AB petition, on new grounds.

In this fresh petition, state on what grounds the interim bail was granted.

Rajendra K Goyal (Expert) 16 January 2014
File fresh bail application.
ajay sethi (Expert) 16 January 2014
check the bombay high court website . order must have been uploaded now .then decide your course of action
Raj Kumar Makkad (Expert) 17 January 2014
If grounds are changed, fresh bail application can also be moved.


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