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Raman (student)     16 September 2012

Remedy if regular bail get rejected

Sir,

We have been given Anticipatory bail for 60 days and we have been advised to apply for regular bail before Ilaqa Magistrate In case our regular bail get rejected by Ilaqa magistrate, what remedy will be avilable before us?



 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 September 2012

Dear Querist

if the Ilaqa magistrate reject the bail you have right to file the bail application before session court.

feel free to call

kumar sachin (lawyer)     16 September 2012

if u have been granted anticipatory bail then give full text of the order only then it can be advised what to do next

Raman (student)     17 September 2012

Sir,

I am quoting the last para of the order

"Under' such circumstances, bail Application is allowed.In the event of arrest accused-petitioner will be released on bail by the arresting officer with the condition that they will join the investigation and will return all dowry articles to the Investigating officer who will made an inventory.This order will remain effective for period of 60 days and during this period, the accused petitioner will file regular bail application befoe the Ilaqa magistrate"

if on the above circumstances, if ld Ilaqa magistrate decline to provide us regular bail, what remedy will be avilable for us?

Gunjan Tiwari (member)     18 September 2012

File bail petetion before Session court and that court will reject than file in Honourable High court of your state.

Bhawani Mahapatra (Law Officer)     18 September 2012

In case of rejection of bail by Ilaqua Magistrate, you can directly approach the Hon'ble High Court of your state. This will have two benefit. Firstly you can save time & money & secondly the chance of getting regular bail from High Court is much higher than from sessions court.


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