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AMIT (-)     12 May 2014

Bail plea

It is clear to me that a person accused of a non-bailable offence, if he is under judicial custody, may get bail from a magistrate or a judge subject to certain conditions.

However, we read that certain undertrial prisoner keep applying for bail repeatedly and their bail application are or may be refused repeatedly..

I want to know whether there exists any rule or law or guideline as to frequency of bail applications before the same court or in a higher court?  To make myself more clear, if a magitrate or judge refuses a bail application, can the undertrial apply to the same judge again immediately or does he have to apply to a higher court only. And, even there, can he keep applying again and again or are there any restrictions to the number of bail pleas?

Pl. enlighten me with relevent law/guideline reference. Thx in advance



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     12 May 2014

Under the changed circumstances he can apply for the bail before the same judge

Laxmi Kant Joshi (Advocate )     12 May 2014

You can file your bail application to the same magistrate but you have to submit other ground than the previous bail application.

Mahesh R. Sonawane (Lawyer/Fight for justice)     12 May 2014

There is no restrictions in respect of filing of bail applications but the accused must have to show change in circumstances... If there is no any change in circumstances, then their applications are not entertained by the courts...

AMIT (-)     13 May 2014

Thank you very much my learned friends for your satisfactory replies

manish jeswani (lawyer)     17 May 2014

Go through the  judgment of Pappu yadav.


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