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