Bail not granted
jatin sharma
(Querist) 28 February 2012
This query is : Resolved
hi, i file a bail application in the court of JMFC where the case is proceeding.it was case of NDPS Act. where the accused was kept by the police sniffing the smack. the co-accused was grant bail from addl session judge but when i file the first bail application in the court JMFC she told me that i cant grant the bail in this case because the co- accused granted his bail from the upper court. she asked me that you have to take back your bail or i will denied it.acc to CRPC the first bail application should be file acc to 437 because it not a session trail. is there any provision if session court granted the bail then no other magistrate court grant the bail. plz explain me thanks
V R SHROFF
(Expert) 28 February 2012
apply in sessions, u will get it
R.K Nanda
(Expert) 28 February 2012
Apply in session court for bail and you will
get it.
R.K.NANDA-ADVOCATE
jatin sharma
(Querist) 28 February 2012
thanks sir but Q is that behalf of which provision of laws she was denied my bail.
Raj Kumar Makkad
(Expert) 28 February 2012
This is a procedural law which is required to be followed by judicial officers otherwise also bail is the discretionary right of a judicial officer so you can't raise any question against the discretion of that JMFC.
Adv.R.P.Chugh
(Expert) 28 February 2012
If that trial is a warrants trial - triable by magistrate ...there is nothing that mandates you to approach the COS.
Shonee Kapoor
(Expert) 28 February 2012
Apply in Sessions, then move upwards till you get it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
