Query regarding filing of bail Application
vinod bansal
(Querist) 06 July 2010
This query is : Resolved
Respected experts
I am representing the accused in a case u/s 436 IPC in which life imprisonment is provided,presently accused is in judicial custody and case is still under investigation,case is fixed in the court of Ld Magistrate for awaiting challan.I want to file regular bail application.Kindly tell me,i have to move bail application before Hon'ble Magistrate or Session judge directly as life is provided in this case.Plz enlighten me on this issue.Thanks
Vinod Bansal Advocate Jind Haryana vinodbansaladv@gmail.com
Arvind Singh Chauhan
(Expert) 06 July 2010
It should be filed first at JM's court. Because chargesheet has not been submitted yet.
B K Raghavendra Rao
(Expert) 06 July 2010
You have file application for bail in the magistrate's court.
Silabhadra Sastry Advocate
(Expert) 07 July 2010
Dear Vinod jee, 436 IPC is purly triable by court of sessions,magistrate has got no power to entertain your case,exepting rejecting your bail application when the accused is brought before him by Police.So you may ask for a free copy of Rejection order as the accused is in custody.Then you move the sessions court,but initialy when the matter is posted in sessions,pl dont insist the Judge for Bail,request the court to cal for the Case Diary (CD) from the police,try to manage the IO of the case while submitting the case diary.After receipt of case diary you move the bail,or else if the accused is in custody for long time them pl insist the IO to submit FF,then move the bail or if the FF is not filed within 120 days then ask the court to grant bail.Regards Silabhadra Sastry,Advocate,Odisha High court
