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Can bail application be given directly to the high court
12-Sep-2023 (In Criminal Law)
I wanted to know that a person who already under judicial custody from 24 months u/s crpc 420,120b,467,471 under trail and the charges are still not framed. He applied for bail last year in 2016 from lower ,session and hon'b High Court of new delhi was rejected. I wanted to know can the accused now directly apply bail application to high Court?or he have to apply to lower and session courts first...please assist...
Good afternoon,
For the purposes of this matter it should be stated that bail can be applied as many times. So apply for bail where you case is pending. Then move to sessions or high court directly. Please let me know for further assistance
For the purposes of this matter it should be stated that bail can be applied as many times. So apply for bail where you case is pending. Then move to sessions or high court directly. Please let me know for further assistance
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Adv. Daryl Menezes
Delhi | 25+ Answers
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Yes you can directly go to the high court for bail. There are no restrictions on the High Court or Sessions Court to entertain an application for bail, provided, accused is in custody. It has been put an to end the decades old practice of first filing a regular Bail Application before a Magistrate having jurisdiction, and get it rejected for the purpose of approaching the Sessions Court or High Court for bail.
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Adv. Laksheyender Kumar
Delhi | 100+ Answers
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Sir,
From your question it is not clear whether you want to approach for bail or you have already applied for the same.you have written rejected and also apply .It needs the inspection of your case papers before coming to any conclusion
From your question it is not clear whether you want to approach for bail or you have already applied for the same.you have written rejected and also apply .It needs the inspection of your case papers before coming to any conclusion
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Adv. Anand Shukla
Delhi | 100+ Answers
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A bail application can be presented to the sessions judge or high court any number of times. Legal propriety demands that earlier bail applications and their orders shall not be concealed in the latest bail application.
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