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kavita (Junior Advocate)     10 February 2012

Sec. 326 ipc

Yesterday my client who is charged under section 326 IPC (non-bailable offence) was taken in a police remand (police custody) that would last till 13th February. My question is- in such circumstances as a lawyer what should be my first move?  shall i apply for BAIL before he gets JUDICIAL CUSTODY? If yes then where should i move for BAIL? To the MM FIRST CLASS or SESSIOS COURT? Kindly help me to rest my confusion.

Thank You :-)



 9 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 February 2012

It is a serious case apply for bail at lower court first and than sessions court.

1 Like

kavita (Junior Advocate)     10 February 2012

Thank You Sir. Can i move quickly for the BAIL? or do i need to wait till he grant JC ? Yesterday, one lawyer gave me a weird suggestion to wait till the accused is granted Judicial Custody by the Court.  What do u think ? can i move my BAIL APPLICATION as soon as possible? 

reeti shah (lawyer)     10 February 2012

Dear Sir,

Apply for the bail immediately in lower court.


Advocate R.D.Shah

1 Like

Adv. khojraj Dhanraj Nerkar (Practice)     10 February 2012

How one can file Bail Application when accused is in Police Custody?

1 Like

kavita (Junior Advocate)     10 February 2012

I am confused now..........God....Police is going to ask for 2nd Remand on 13th February. What am i expected to do on 13th if i can't file for BAIL APPLICATION ? 

Adv. khojraj Dhanraj Nerkar (Practice)     10 February 2012

on 13th you can Argue for Magistrial Custody and only after acuused in Magistrial Custody you can file Bail Application...

1 Like

shailesh gupta (OWNER)     10 February 2012


Just i read your problum, yes you can go for bail in the magistrate court. but the application will be consider after the police custdy or we can say after complition of remand.

question why bail application will be filed in the magistrate court..

you will file the bail application whose magistrate grant the remand. 


1 Like

Chaitanya_Lawyer_Mumbai (Lawyer)     10 February 2012

Bail application can be moved to megistrate any time after a person is arrested.

It should have been moved yesterday itself, when he was produced before megistrate for the first time within 24 hours of his arrest.

Now move it on 13th else judicial custody may be granted.

venkatesh Rao (Retired Government Servant)     11 February 2012

Kavitha ji,

First study nad not read the provision. Had you read 437 CR.P.C., you would not have asked this question at all.  Custody may either police or judcial.  Whenever a person is arrested and his liberty is thus curtialed, and he gets inherent right to seek bail even in non bailable offence.  If the accused was produced in home office of the magistrate and police custody is obtained, you could have moved bail application before the court which granted custody.  If he aws produced in court seeking for police custody, you could have filed memo of appearance for him , moved for bail.

At least now, gear up with bail petition.

1 Like

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