Regular Bail before Magistrate who hasn't taken congnizance

Legal Fighter (Querist) 04 December 2009 This query is : Resolved
A person is on Anticipatory Bail and during grant of AB, he was directed to appear before Magistrate and seek regular bail within 15 days. Now he came to know that the Magistrate has still not taken congnizance though the chargesheet has been filed by police. Magistrate has kept the file for consideration.

Now can that person seek regular bail from the Magistrate as the Magistrate has not taken cognizance? What other remedy that person has?

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Raj Kumar Makkad (Expert) 04 December 2009
He can move his regular BA irrespective of the cognizance of the file by the trial magistrate or not. The accused must comply the direction of the sessions judge/HC which granted him anticipatory bail. His bail application shall be heard primarily/ on preferential basis than the cognizance of the charge-sheet.