111111 14 May 2016

Bail application

a bail application dismissed in high court as withdrawn with liberty to file fresh bail application after material witness. However in the case as prosecution sanction yet to received material witness will take 3-4 months which is long lead time. kindly answer whether fresh bail can now be filed in same court same circumstances or should it be filed in supreme court directly.

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2 Replies

Sudhir Kumar, Advocate (Advocate) 14 May 2016

what are facts.

111111 16 May 2016

sir this is ragarding a trap case of 5000 rs red handed.

1. this was done on 03.02.2016

2. challan filed on 29.03.2016

3. lower court rejected bail application 04.02 and 04.04.2016 again.

after rejection on 04.02.2016 bail filed in high court and withdrawn from high court on 30.03.2016 with liberty to file in lower court as challan have been filed on 29.03.

lower court however rejected on 04.04.2016 so bail in high court agin filed on 11.04.2016 which was heard on 06.05.2016. the advocate have withdrawn application that day with liberty to file after material witness.

sir material witness will take 8-10 months and not sure as prosecution sanctions are delayed.

so can we file directly in supreme court even when we have taken liberty to file fresh bail in same court after material witness.

kindly help