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And please tell is it a compulsion that first bail has to be rejected if accused is under 120b nd h


09-Sep-2023 (In Criminal Law)
And please tell is it a compulsion that first bail has to be rejected if accused is under 120b nd he's in judicial custody in tihar jail and which court( session or district) will give bail . The matter is in Rohini court Delhi
Answers (5)

Answer #1
669 votes
Hi first of all it is necessary that is bail will be rejected it be will on the ground and case where it will be Shown that exactly what had happened the court will see what is the case about what is the punishment or the court will also decide the Jurdisiction where the accused can apply for bail session court can also give a bail where is depends where the case is Been pending the court had to right to give the bail of dismiss on certain grounds
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Advocate Yash Karan Jain

Adv. Yash Karan Jain

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Answer #2
686 votes
There is no compulsion at all as questioned by you. Admission and rejection of bail depends and vary upon the actual and factual position of case. Share with me all the contents of the case FIR. If the offence is triable by Magistrate, bail will be treated by Magistrate Court (District Court) and if the same is session triable, same will be treated by Sessions Court (District Court). For more details, you may contact me, so that I may properly advise you on the basis of the facts of the case and circumstances.
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Advocate Yogesh Gaur

Adv. Yogesh Gaur

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Answer #3
753 votes
From what I understand from your query, there is NO such compulsion. Please note that criminal cases will be presided over by Sessions Court. Please seek consultation for detailed and correct advice in criminal cases.
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Advocate Rishi Raj Sharma

Adv. Rishi Raj Sharma

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Answer #4
510 votes
Hello client It not the compulsion its is the process of law under the work can only be done.as Ur saying the case has been in Rohini court and mm has rejected bthe bail in this case he have two apply for bail in session court of session court also rejects the bail the he have to move to high court.thats the process as per CrPC.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

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Answer #5
958 votes
Section 120-B IPC deals with the punishment for criminal conspiracy. It is a substantive offence. The accused must be charged with some other offence along with 120-B. There is no compulsion that the first bail has to be rejected, it depends totally on the facts of each case and the role alleged to the accused. As far as the court is concerned under the CRPC it has been specified which offence is triable by the Court of Session or Magistrate.
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Advocate Chirag Madan

Adv. Chirag Madan

LawRatoDelhi | 25+ Answers
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