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How to get bail in the case of sec 326 from court


08-Oct-2023 (In Criminal Law)
If the investigation officer has written points against us in the I.O.say . Can we get bail from magistrate court? If no then can we get bail from session court?
Answers (2)

Answer #1
874 votes
Sec 326 IPC is non -bailable offence. Triable by JMFC and judicial MAGISTRATE can accept the bail. But if refuses then bail can obtain from session court. Police demands custody for recovery of weapon
Answer #2
748 votes
Though Sec 326 is a Cognizable Non-bailable and non-compoundable offence, bail is a right and jail is an exception. However, it also depends on the case at hand. Whether the person is arrested or apprehending arrest You can approach Magistrate FC with an application for the same and if it gets rejected, you can approach the Sessions Court but not on similar grounds, else the bail will get rejected.

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