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Monish Rizvi   16 October 2025

Criminal law

I’m representing the accused who has been charged under Section 376 of the IPC. His first bail application was rejected by the CJM and the District Court. He then moved to the High Court for bail, and before the final disposal of that bail application, he was granted interim bail by the High Court. While he was on interim bail, his counsel withdrew the bail application, which effectively means he jumped the bail granted by the High Court. Subsequently, the CJM issued a Non-Bailable Warrant (NBW) for his arrest on 03/10/2025. The accused later surrendered before the CJM, and the case was committed to the Sessions Court. During the investigation, the accused(muslim) married the victim(also muslim). this is the second marriage of the accused Now, please guide me — should I file a second bail application before session court, or apply for discharge, or approach the High Court for quashing?


 4 Replies

Dr. J C Vashista (Advocate )     17 October 2025

Move to the High court for quashing of FIR as Himachal Pardesh High Court has quashed FIR u/s 376(2) IPC and Section 6 of POCSO Act in the case titled *Rahul v. State of H.P., (Himachal Pradesh) *

 
 
 
1 Like

T. Kalaiselvan, Advocate (Advocate)     17 October 2025

The accused should be enlarged on bail to avoid being arrested.

After that he can either choose to file discharge petition before trial court or quash petition before high court.

 

1 Like

Monish Rizvi   17 October 2025

Thank you sir 

T. Kalaiselvan, Advocate (Advocate)     18 October 2025

You are welcome for your appreciations.


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