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Advocate Prashant Chandra: Sir, May you please provide any precedent or legal reference so that magi


20-Apr-2023 (In Divorce Law)
Advocate Prashant Chandra: Sir, May you please provide any precedent or legal reference so that magistrate don't deny my discharge application and insist upon bail? I shall be deeply obliged.
Answers (1)

Answer #1
941 votes
Discharge application will be decided on merits. General rule is that if you are named in FIR or has direct involvement, the Court would not tilt towards discharge and you have to face trial. However, if you are on bail, it will not impact your condition of bail and Court will not cancel your bail on that very ground. If you are already in jail and charges are framed , then you have liberty to file bail application and Court can't reject your bail application only on the ground that charges have been framed.
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