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Ajinkya Lad   13 June 2024


A accused is in police custody in the CR 01/24. When he is in PC the another FIR is lodged 02/24.

the bail was rejected in CR 01/24 and he is in the Jail. Now police are seeking police custody in CR 02/24.

is it allowed?
what is the procedure?
If court granted Magistrate Custody in CR 02/24 can we file bail application in trail court?


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     13 June 2024

The police can seek custody for the second FIR also and for that they have to move an application before the concerned magistrate court.

However this will not prevent the accused to file a bail application for both the cases.

Dr. J C Vashista (Advocate )     14 June 2024

It depends upon circumstances of the case (in FIR 2/2024) and the investigating officer to ask police custody of under-trail        ( already in judical custody in another case) if s/he want to interrogate the accused in PC or can investigate while in JC.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 June 2024

  1. Bailable Offences:

    • These are considered less grave and serious.
    • If a person is arrested for a bailable offense, they have a right to bail.
    • Examples of bailable offenses include:

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