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Suresh Kumar (Sr. Manager (Taxation))     04 June 2012

Is it complusary bail in session court?

Dear Sir,

Section 498a, 406, 506 & 34 of IPC.

The Ist class magistrate gives decision in our favour (accused) 2nd Party but the Ist party (Girl) file an appeal in session court and the appeal is filed after 108 days of the decision and give a affidavit on account of dealy of 12 days i.e after a huge request the PP did not file the appeal there after we had to file the appeal at our end.

Now the query is :-

1.  The session court asking us for bail when there is no hearing on limitation/ appeal.

2. When we acquitted is it complusary to get bail from session court before the further processed the case.

3. Is the session court accept the appeal with delay.

4 Suppose if appeal accepted by the session court then what processior will addopt by the court.

5. Whether again all witnese will present and again the same argument will be carried on like the lower court.

Please reply as early as possible.


(S K Tussior)


 4 Replies

B.N.Rajamohamed (advocate / commissioner of oaths)     06 June 2012


As you are acquitted from the case you need not file a bail application. Appeal can be filed even after the expiry of limitation but upon satisfaction o fthe appellate court as to the just reason for the delay. After the appeal is admitted the case will be posted for the reply of the P.P. followed by the arguments of both counsel and there will not be an enquiry of witnesses. 

Suresh Kumar (Sr. Manager (Taxation))     06 June 2012

Dear Sir,

Thanks for your reply.

But at the time of hearing the session court magistrate gives us a time of 7days for bail.  I am not in a position to understand that when the lower court had already acquitted from the case when on which basis he is asking us for bail.  Moreover our advocate is also asking for that.

Please give your valueable view on this issue as early as possible.  Your valusable views will be helpful for us.

Thanks in advance


(S K Tussior)


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2012

There is no need of any fresh bail bonds, the whole order is under challange and hence whatever surities were discharged they still stand good.


Shonee Kapoor
1 Like

Suresh Kumar (Sr. Manager (Taxation))     09 June 2012

Dear Sir,

The session court magistrate ordered for bail bond for value Rs20000/- each alongwith the surety.  We had already get the duplicate copy of the order in which it is clear cut ordered for bail bond with out any hearing on delay of filing appeal and appeal.  Moreover our advocate also told us that we had to get the bail first thereafter the session court will hear on the both issue i.e condonation of dealy filing of appeal and the appeal.

Please inform is the the right path?

Could we challanged the ordered of the session court on the issue of bail when we had already acquiated form the lower court/

Please give your valueable response with some citation/decision of the court.



(S K Tussior)

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