LawRato

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
912 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
People also ask

Is Section 326 IPC bailable?

The IPC 326 is a Cognizable Offence and does not allow bail. It can be tried by a Magistrate first class.

How do I get bail in IPC?

The section 437 or 439 of the CrPC allows for a bail application to be made. Interim bail - This type is granted to a defendant for a limited time period and is granted prior to the hearing on the regular bail or anticipatory bond.

Is bail allowed in 326 IPC?

If the court determines that Section 326 IPC is applicable, and that the evidence is weak or the accused will not abscond, or alter evidence, then it can grant bail. 14-Jan-2023

  
Answer #2
607 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.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."