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Kavya Vivek   04 February 2022

murder case

when the case is rejected in high court, we can again apply for bail in session court when only there is change in circumstances. But what if the A1 accused has not got bail and A5 gets bails ...can we apply for bail in session court? whether it is good or bad


Learning

 5 Replies

PALLABH HALDAR   04 February 2022

Yes go for the bail.

But if you wish I can give a detail explaination I need Fir details.

You can email me.

Advocate Pallabh Haldar 

anubhav Bhatt   05 February 2022

You may file a Second Bail before High Court or you may also file against the High Court rejection order before Supreme Court as per Session Court is concern you can not file before Sessions Court for more clarification you may contact us then I'll elaborate properly.
Advocate Anurag Bhatt

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 February 2022

Dear Querist

If the ole of both the accused are same and the A-5 got the bail from session court after the bail rejected by High Court then the A-1 may file second bail application before the session court again on the ground of parity. or wait till the change of circumstances, suppose any prosecution witness ahs been examined then you may again file the bail. 

Kavya Vivek   05 February 2022

sections from A1 to A5 is 302 . so if A5 gets bail in high court and A1 not gets the bail in high court. can we apply for bail in session court for A1

Aryan Raj   05 February 2022

In response to your query,

Yes you can apply for bail in the sessions court after the accused 5 gets the bail as there has been a change in circumstances and you can appeal to the court for equal treatment as per section 34 of the IPC. Whenever there are possibilities of a new ground that can be stated in a case then you can apply for bail.

Regards,

Aryan Raj 


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