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do i need to file new bail application if court has made a stay


02-May-2023 (In Criminal Law)
do i need to file a new anticipatory bail application if court has made a stay on my first anticipatory bail application ? i hired advocate for anticipatory bail but he is saying court has made a stay on it. and now I have to file a new anticipatory bail and he is asking for money again. my doubt is I hired him for bail in the first time then why again I have to pay.
Answers (5)

Answer #1
901 votes
If the magistrate had stayed the anticipatory bail that means that he/she is yet to deliver the judgement on the same. And if it’s still pending then you can’t apply for the fresh bail. Either it will be allowed or can also be rejected and if it’s rejected then only you can file another bail. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
861 votes
hello client as i can see your issue its seems to be and important issue. in this matter we need to review your bail application as well as your bail order and bail stay order need to be reviewed then i am able to give you the best advice or we need to move directly to high court . so tell us the full siniario to help you.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
802 votes
there is no stay on a bail application. It's either allowed or denied and if it is denied you can file it afresh. The part about your fees that he is asking it's upto you and advocate and it doesn't merit any comment.
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Advocate Divyank Dutt Dwivedi

Adv. Divyank Dutt Dwivedi

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Answer #4
933 votes
Stay of arrest is granted by the court of competent jurisdiction when applied for anticipatory bail, which is very much in favour of the applicant who applied for anticipatory bail before the hon'ble court. When the applicant already has the order of stay of arrest, then there is no need to apply again as it would be infecundous.
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Advocate Sujeet Notwal

Adv. Sujeet Notwal

LawRatoDelhi | 400+ Answers
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Answer #5
956 votes
No you don't need to file a fresh anticipatory bail application. You should pursue the case where anticipatory bail has stayed instead of filing a fresh bail application. If possible share the stay order and I can help
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Advocate Akash Vajpai

Adv. Akash Vajpai

LawRatoDelhi | 25+ Answers
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