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Can we apply for same day hearing in IPC 376&498a;


31-Aug-2023 (In Criminal Law)
Sir hum 6 prson per ipc 376 aur 498a main fir hui thi jisme high court ne 6main se 5 ki fir main arrest par rok laga di till carge sheet submit .please tell me kya hum high court se ipc 376&498a main same day hearing le sakte hain jis se bail k liye time mil sake.
Answers (4)

Answer #1
578 votes
You cannot approach the High Court as of now, once the charge sheet is filed then challenge the same, and you may either get a stay order or get the order of same day in that.
The relief of same day before filing of charge sheet has now been stopped by the hogh court
Answer #2
742 votes
Le sakte hai. Lakin ab same day ke order bhi bhut kam milte hai. Jis se ki kisi bhi parkar ki karawahi ki sambhawana bani rahti hai . Same day ka order lakar ke lower court mai aap sabhi ko surrander karna padega. Us ke bad aap ko session court mai surrander karna hoga. Jaha per antim tarikh tak aap ko antrim jamanat mil jaygi.
Answer #3
912 votes
Sir,You may take or may not a direction in the wake and light of the judgment of LAL KAMLENDRA and AMRAWATI SINGH. BUT IF THE AREEST HAS BEEN STAYED and till date, no charge sheet has been filed, you may wait or if the charge sheet has been submitted, challenge the chargesheet. Now the Hon'ble High Court has ruled in Crl. Mis. Writ Petition No.15609 of 2016 (Brahm Sing vs. State of UP) that there needs no separate firection of early disposal of bails and the lower courts have been directed to ensure the compliance of the order otherwise they would be dealt with iron hands.
Answer #4
885 votes
Yes high court will give an order under lalkalmendra but the district court will reject your bail same day in any case this 6th person will go to jail....so better surrender and apply for bail at high court

- Section 376 of IPC

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