307 ipc

Querist : Anonymous (Querist) 20 January 2011 This query is : Resolved
the persons are under 307 from last 7 months in jail & oppositions also under 302 ipc.I want to clarify any point How these persons under 307 ipc are getting to bail. These Persons are well educated & also permanent employee in private comp.Earlier HC REJECTED bail on reasons of this is counter case.

Please guide me.

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Advocate. Arunagiri (Expert) 20 January 2011
Your query is not clear.

SAANJAAY GUPTAA (Expert) 20 January 2011
as there is case and counter case and your persons are facing charges under section 307 and your opponent facing charges under section 302 it would be difficult to secure bail. there is no bar in high court for filing bail application u/s 439 cr.p.c so if there is any development in the case you can file fresh bail petition before the high court.

Ajay Bansal (Expert) 21 January 2011
Not a legal quary.

Guest (Expert) 21 January 2011
KINDLY NOTE THAT SEC.307 IS TRIABLE BY SESSIONS COURT AND EVEN SEC.302 IS ALSO TRIABLE BY SESSIONS COURT .BOTH ARE SERIOUS OFFENCES.
YOU MAY KINDLY NOTE THAT
1.IN CASE FIRST BAIL APPLICATION FILED AT SESSIONS COURT ON THE BASIS OF F.I.R.AND ON REJECTION OF SAME FURTHER BAIL APPLICATION ON THE BASIS OF F.I.R.IS FILED AT HIGH COURT AND SAME ALSO REJECTED.
THEN,
3.YOU CAN FILE BAIL APPLICATION TO THE SESSIONS COURT AFTER CHARGESHEET IS FILED AND IN CASE SESSIONS COURT REJECTS THE SAME THEN YOU CAN FILE BAIL APPLICATION TO THE HIGH COURT ON THE BASIS OF CHARGESHEET FILED.
4.BUT IN CASE THE SAME ALSO REJECTED THEN YOU MAY EITHER WAIT FOR SOME TIME AND FILE BAIL APPLICATION ON NEW POINTS BY COVERING THE REASONS MENTIONED IN PREVIOUS BAIL ORDERS.
5FINALY YOU HAVE OPTION TO FILE BAIL APPLICATION TO THE SUPREME COURT.
YOU MAY WRITE FOR FURTHER HELP.GOOD LUCK.

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