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For bail

(Querist) 14 July 2012 This query is : Resolved 
There r three brother n all of we are accused in 302 ipc by single gun shot injury.
1. brother was in jammu kasmir at the the time of incident therefore by documentory and by some villagers IO exonerate my name from charge sheet. 2 brother had already took bail role was catching hold. now my 3 brother who is innocent till now he is in jail since june 11. incident time was 10:30 pm(late eve)no recovery found neither country made pistol,no khoka.there are three witness in my case.mother(the informant),father(Eye witness) and brother of deceased. in tral pw1 said that my husssband n my elder son came to my shop from home after 5 min. and elder son said that he, his father and my mother arrive to my brother;s shop with me. and all they are saying that we are all eye witness. and more pw1 said all accued ran away towards south and her son said one accussed ran away in south and other two ran away in EAST
these all are ground in my case however high court of Alld reject my bail. now i m very tention. now what happend. can i apply second bail application in high court or we should go for Supreme court.
how long it will take time. Plz help me.
Devajyoti Barman (Expert) 14 July 2012
Most of the High Courts do not like second 438 application unless new development arises.
Approach high court or wait for some time more. The gravity of the charges restrains the court to give bail.
So much of facts are not taken into account while disposing of bail petition.
Nadeem Qureshi (Expert) 14 July 2012
Dear Sanjay
you have right to file Bail application before Supreme court with all evidence. don't wait for another bail application filed before High Court.
Feel free to call
Sanjay Kumar Sharma (Querist) 15 July 2012
Thank for ur good advice


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