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imteyaz farooquee (Sub-divisional Prosecution Officer)     20 September 2010


An accused was granted bail by police during investigation in a bailable section  of IPC such 323 , but after investigation the police submitted charge sheet u/s 307 IPC ( non-bailable), can he be released on bail in the court of Judicial Magistrate ? if not,  please give detailes of ruling of Supreme Court or High Court


 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 September 2010

He has to apply for the fresh bail.

manoj yadav ( ex secratory)     21 September 2010

there is no bar to release an accused in added sections by magistrate but ordinerly magistrate do not it.Accused will not be released on  previous bail bonds he has to apply for fress bail in added sec

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