bail procedure
advocate satya
(Querist) 20 December 2008
This query is : Resolved
sir
after dismissal of bail petition in session court do the second bail application can be filed in the session court again if new grounds are there or it can be filed in the high court then supreme court and after that to the MM and then session court , do the judge will be same with whom earlier bail petition is been filed or diffrent judge and also please let me know what is the section for high court for bail application is it same as session court i.e 437 read with 439?
advocate satya
(Querist) 20 December 2008
sir
i also want to know can we give citation in bail application or not ?
deepak kumar
(Expert) 20 December 2008
you can file second bail application before the session's court without moving to higher court and there is no restriction for that however your second bail application will be heard by the same judge if he is available. So it is apparant what his order will be unless and untill there are fresh and cogent grounds for second bail application.
In High Court bail is filed u/s 439 read with 440 of the CrPC.
generally citations are not given in bail applications or for that matter in any legal application.
Kiran Kumar
(Expert) 21 December 2008
second bail application is maintainable on the new grounds.
the general procedure is the same judge will hear the matter again.
S.438 Cr.P.C for anticipatory bail and S. 439 Cr.P.C for regular bail.
basic law for bails remain the same...bail is a matter of discretion so the requirement of citations will depend upon the facts and circumstances of the case.
advocate satya
(Querist) 26 December 2008
can bail petition be filed before MM and before high court at the same time? if session has dismissed the bail can the order of session be treated as impugned order and if diffrent bail petition is filed befors MM and if he dismiiss can this order be treated as impugned order if going to high court
advocate satya
(Querist) 27 December 2008
if there is holiday in court do the vacation judge will hear the second bail application of session court?
/
Kiran Kumar
(Expert) 27 December 2008
its adivsable that two simultaneous bail applications at two separate forums shall not be filed...its illegal.
if the sessions judge dismisses the bail application then certianly his order is impugned order.
generally the second bail application is sent to the same court which dismissed the earlier one.
now pls state the facts of the case in a separate query to have a proper advise and reply.
