Regarding the bail

Adv M.D.Azhar (Querist) 28 March 2014 This query is : Resolved
sir, if a accused who had committed an offense earlier, can be denied for the regular bail before the judicial court? please guide me because lower court has rejected the bail application having said that it is the time of election and so that accused can mis use his liberty if bail is granted. offense registered against him under arms act, sec.25a. Please guide me sir. i have file bail application before the session court.

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Guest (Expert) 28 March 2014
Since the accused is booked under 25 A the Arms Act better waite till election gets over.Now because of election the persons with criminal records are also getting Preventive Arrest even if they are silent now.So Waite till election

Rajendra K Goyal (Expert) 29 March 2014
He should try for bail before the session Judge.

T. Kalaiselvan, Advocate (Expert) 29 March 2014
Yes try for bail before the sessions court and if the sessions judge also dismisses the bail application,high court may be approached.

Guest (Expert) 29 March 2014
My advise would be do not move to High Court now.You should succeed in your effort.You wait till the election get over and by that time the accused would have definitely served more than 30 days in jail and the chances would be more and certain for bail to be granted.If you are ready to spend keep trying in lower court only.Sessions court would only confirm the lower court order only.I am only telling you the practical facts.In normal circumstances the bail application in high court would be considered if the accused had served 30 days in jail but at present situation election stands in the way as explained by me above.Remember you are charged with Arms Act

Adv M.D.Azhar (Querist) 30 March 2014
thanks for advise. i have filed bail application before session court let's see the result.

Adv M.D.Azhar (Querist) 01 April 2014
weather a pending cases is a good ground to refuse the bail? i need a judgment i tried to find out but fail. so pleased if u have a citation than please reply me.

V R SHROFF (Expert) 01 April 2014
Follow MAI advise.

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