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ASHISH (STUDENT)     29 October 2012

Bail possible in section 302/34

hey i would like to know that is it dfficult for a person to get bail if he arrested in section 302/34 . if someone is arrested for the  last 6 months having no back criminal record. he is already applied for a bail but rejected is he never grant a bail in futute. police has already filled the chartsheet.

 5 Replies


Bail in 302 is extremely difficult yet not impossible. Generally the lower courts are hesitant to release on bail a person accused of murder, which consequently opens up the doors of the HC. Rejection of bail once does not operate as a bar to the person being released on bail subsequently. It all depends on the peculiar facts and circumstances of the case.


Ashish Davessar


Supreme Court of India

Punjab and Haryana High Court

1 Like

Rashid Ali (criminal lawyer)     29 October 2012

you may send me scannned copy of FIR ,then i will be able to tell something looking your roll .

Rahul Kapoor (Legal Enthusiast)     29 October 2012

bail is difficult to get in such sections which are of such grave nature..

all depends on the facts and cirumstances of the case.

Nivedita   19 September 2020

Take a look at this - Bail in 302. This resource has helped my friend in all the legalities involved in the matter of Bail in 302. Hope it helps! 

Shubham Bhardwaj (Practice)     19 June 2021

Dear Ashish, 

What I could gather from your query is that an FIR is filed under section 302 read with section 34 of I.P.C.  The police has already filed charge sheet. The accused is still in prison since last 6 months. 


The present case is triable by a Court of Sessions. In present case charge sheet is filed therefore the magistrate will commit the case to sessions court if prima facie as per his opinion there is sufficient evidence to proceed. 

Immediately file Bail Application under section 439 Cr PC to Court of Session before whom accused is brought to face trial. Your bail application, if properly filed, will be allowed 99.99 % because bail is the rule and jail is an exception. This is the basic principle of law governing bail. In case the session court rejects it, approach High Court without delay.   


Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, At Chandigarh.


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