Where to apply bail fitst then
22-Mar-2023 (In Criminal Law)
I m law student want to ask where to apply first for bail in court then if reject then where to apply till superme court because i dont where to apply first then other whole process in murder or any other offence
Always happy to help a law student.
Read section 437, 438 and 439 of Cr. Pc.
Section 437 crpc is regular bail applied before a magistrate, its applied when the FIR or offence concerns to be less than seven years or to be tried by magistrate. When the bail under this section is rejected you can apply a second bail also before the same court but for that you have to show some change in circumstances. An appeal against this order is applied under section 439 crpc which i will explain below.
Section 438 CrPc is anticipatory bail. This is applied when a person is apprehending an arrest due to some FIR and there is likelihood that he may be arrested, this is only applied before session court or high court.
Section 439 CrPc is also regular bail before a session court or high court. This is applied when the case pertains to sections that provide with more than 7 years of punishment or is tried by session court. This can be applied before session court and a second application can be applied before the high court of the same court. But before applying the application before the same court then you have to keep in mind that there should be some change in circumstances.
Keep in mind that bail orders are interlocutory in nature and therefore no revision or appeal lies against them only remedy is you apply for a second bail application.
Supreme Court rarely interferes in bail orders and usually the order of high court is considered final.
For a murder case bail will be applied before the session judge under section 439 crpc as its a case trailable by session court and more than 7 years.
Hope this helps,read the concerned sections also from the bare act.
Read section 437, 438 and 439 of Cr. Pc.
Section 437 crpc is regular bail applied before a magistrate, its applied when the FIR or offence concerns to be less than seven years or to be tried by magistrate. When the bail under this section is rejected you can apply a second bail also before the same court but for that you have to show some change in circumstances. An appeal against this order is applied under section 439 crpc which i will explain below.
Section 438 CrPc is anticipatory bail. This is applied when a person is apprehending an arrest due to some FIR and there is likelihood that he may be arrested, this is only applied before session court or high court.
Section 439 CrPc is also regular bail before a session court or high court. This is applied when the case pertains to sections that provide with more than 7 years of punishment or is tried by session court. This can be applied before session court and a second application can be applied before the high court of the same court. But before applying the application before the same court then you have to keep in mind that there should be some change in circumstances.
Keep in mind that bail orders are interlocutory in nature and therefore no revision or appeal lies against them only remedy is you apply for a second bail application.
Supreme Court rarely interferes in bail orders and usually the order of high court is considered final.
For a murder case bail will be applied before the session judge under section 439 crpc as its a case trailable by session court and more than 7 years.
Hope this helps,read the concerned sections also from the bare act.
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