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vikas mishra (ADVOCATE)     09 September 2008

APPLICATION FOR BAIL IN THE SESSION COURT

 

  I want to know that once the bail application has been refused by the sessions court can we again apply to the sesions court for review, kindly guide on this matter



Learning

 5 Replies

Srinivas.B.S.S.T ( Advocate)     09 September 2008

Once a bail petition has been dismissed by a Sessions court, then
you may either file a petition in the court of higher judicature or you
can file a fresh petition before the sessions court itself claiming
that there is change in circumstances (such as completion of
investigation, receipt of reports of experts such as forensic report) .
In case you are filing a fresh petition before the session court
itself, then you have to mention the Crl.M.P. number of the earlier
petiton.

kumar sachin (lawyer)     10 September 2008

we can not apply for the review of the earlier rejection order but if fresh ground surfeces then we can ofcourse file a fresh bail petition but remember to disclose about the earlier petition with its number and the result thereof.

vikas mishra (ADVOCATE)     10 September 2008

Thanks to both of you for your prompt replies

Rajendra (nil)     31 October 2008

A case of bribary (FIR) is registered.  Police is delaying arrest of accused.  On complaint JMFC issued arrest warrant.  Police is still not arresting the accused.


Accused applied for stay of arrest warrant / quashing of FIR in sessions court.


Is it true that such a stay can only be granted by HC ?  Is there any citation for this view (only HC can give stay) ?

Rajendra (nil)     03 November 2008

OR


Is it true that if sessions court stays arrest warrant it would amount to improper interference in the trial process by appellate court which is bad in law?


If so is there any SC case law ?


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