BAIL

Sunlawseeker (Querist) 08 September 2009 This query is : Resolved
Hai to everyone!
My advocate has filed bail for my relatives in one case in which 307 section put. Magistrate has dismissed the petition. What is the next procedure?riven

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Shivasurya (Expert) 08 September 2009
Section 307, IPC, is triable by sessions court, I dont no why your advocate filed the bail petition before the magistrate. the magistrate is empowered to grant bail if your relatives imprisoned more then 90 days but no charge sheet was filed. File bail application before the Sessions Court, the bail petition may be allowed by Sessions Judgeriven

Sarvesh Kumar Sharma Advocate (Expert) 08 September 2009
take rejection order from lower court(magistrate) and file fresh bail application before d session judge.riven

Sachin Bhatia (Expert) 08 September 2009
If the bail application has been dismissed, There are options for u one is to renew the bail application with new facts before the same court and second is to move fresh bail application in the next higher court....riven

Sarvesh Kumar Sharma Advocate (Expert) 08 September 2009
mr. sivasurya ji,
in my state i.e.-u.p.
directly session not entertain bail application,first it moves to remand magistrate of dt case and dn if magistrate reject d bail application dn it moves to session court.
there is not shell presume dt magistrate can't grant bail in sec.307 ipc.
sundraresan's advocate take right staps.riven

Kiran Kumar (Expert) 08 September 2009
pls give the details, the state where r u residing in....the nature of bail application.

otherwise i agree with Shivasurya.riven

Raj Kumar Makkad (Expert) 08 September 2009
Best remedy is to file fresh bail application before next higher court by engaging competent lawyer.riven

Sarvesh Kumar Sharma Advocate (Expert) 08 September 2009
shivasurya ji,
off course 307 i.p.c. is triable by session court but d remand of d accused wiil come before d magistrate and when magistrate will comit dt case to d session dn it will gose before d session fo trail.that's why first d bail application moves before d magistrate & when magistrate reject dt application dn bail moves to session.
that is i mean to say dear sir.riven

PALNITKAR V.V. (Expert) 08 September 2009
I think the best option is to move the court of Session. There is no point in filing fresh bail application before the same magistrate.riven

Shashwat Shukla (Expert) 08 September 2009
you should move bail application before the court of Sessions.riven

Adinath@Avinash Patil (Expert) 08 September 2009
You should move to session court And file fresh bail application.riven

Bhumik Dave (Expert) 08 September 2009
File a fresh bail appl. In session court with a good &knowledgable lawyerriven

K.C.Suresh (Expert) 09 September 2009
ANSWERED BY MY FRIENDS SELCT SESSIONS.riven

PARTHA P BORBORA (Expert) 09 September 2009
MOREOVER U MAY FILE THE BAIL APPLICATION BEFORE THE HIGH COURT CONCERNED.riven

vinjamuri ranga babu (Expert) 09 September 2009
hi,
the majistrate has not competent to dismiss the application. session court has got jurisdiction to give bail. so, approach sessions court for regular bail.
vrriven

PRAKASHCHANDRA MARU (Expert) 20 September 2009
all lerned given reply very intelligent and properly i agree with themriven

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