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ravi (soft.eng)     03 March 2011




We are in deep confusion over getting bail.   Who is having powers to grant bail to 498a & 324 accused (A1).

Megistrate in mobile court has powers to grant him bail or we must approach District Judge?

Our lawyer is wasting lots of time in applying bails in mobile court(Megistrate) even after he rejected.




 5 Replies

Shailendra prasad singh (Lawyer)     04 March 2011

File antcipatory bail before district judge.

Advocate Anuj Anand (Advocate)     04 March 2011

file antiipatory bail before Sessions Judge. In criminal cases its called sessions judge and not district judge

lingraj maradi (advocate)     05 March 2011


you must file bail application u/s 439 before the Sessions Court not in Magistrate court and if you want to file bail

application u/s 438 you approach Sessions Court of High Court

prashant pundhir (Criminal Lawyer)     05 March 2011

No matter 498A and sec 324 IPC are trial by magistrate and it is surprising that magistrate refused to grant you the bail .But once your bail is rejected from lower court,do not waste your time and immidiately apply before the session judge .  

ravi (soft.eng)     07 March 2011

Thank you all.

Megistrate rejected regular bail for A1(already arrested). He grated bail for A2.

Now Session court also rejected bail once and the reason was "Investigation is under process".  

Could you please suggest us whether we go to sessions judge again or High court?




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