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(Guest)

Bail application

A Bail Application has been rejected by the Session Court (before filing of the Charge Sheet).  This Order has been challenged

in the High Court, before filing of the Charge Sheet.  Now the matter is still under pre-admission stage in the High Court, and the charge sheet has been filed in the Sessions Court.  

Is it necessary that the Bail Application which has been filed in the High Court should be withdrawn and a fresh bail application be filed in the Sessions Court, since the Charge Sheet has been filed now.  

 



Quick Summary
This discussion explores whether a bail application filed in the High Court, after rejection by the Sessions Court pre-charge sheet, needs to be withdrawn and refiled in the Sessions Court now that the charge sheet has been filed. While some suggest refiling in the Sessions Court might offer stronger grounds, others advise seeking guidance from a legal professional to navigate the best course of action.

 5 Replies

Manoj Chaudhary Advocate   18 December 2020

no. argue on merits

DISHA D. SHAH (lawyer)     19 December 2020

now there will be new reasons to get bail and more chances if circumstances to get bail

so file for bail further at respective district court

P. Venu (Advocate)     19 December 2020

Perhaps, the charge-sheet may provide better grounds in seeking bail. If so, the best course is to move a fresh bail application in the Sessions Court.


(Guest)

Thanks a lot for your valuable reply.  I am obliged.

KKKapoor

 

 

 

 

Dr J C Vashista (Advocate)     21 December 2020

Yes, you may withdraw application from High Court and move to Sessions Court.

Before taking any decision it is better to seek guidance of the lawyer engaged / paid by you, who is well aware about the facts and circumstances of the case, an able, competent and intelligent to advise you properly, which you can not get from experts on this platform. 


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