Bail

rajendran (Querist) 28 February 2014 This query is : Resolved
A was remanded 25.01.2013 for an alleged offence u/s 120(b), 420 and 406 of IPC. He was in judicial custody for more than 75 days. He filed an bail application before the High Court of Madras and Hon'ble High Court grant interim bail to a and directing him to settle the amount to the defacto complainants. A was not able abide the condition and the interim bail was cancelled and A was surrender before the concern Police station and he was remanded for judicial custody on 09.02.2014. A file the Petition for bail and in the bail petition he sated the earlier custody days but the court is rejected the earlier custody days the it calculated the remand date from 09.02.2014. Whether it is correct are not? Whether the earlier custody days are taken to consideration for bail or not? Is there any relevant judgement for the same.

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Guest (Expert) 28 February 2014
Which Court had rejected the Bail.I would advice you to wait till 12 th March and then file bail application in High Court and you would succeed.Regarding days of sentence served you could plead it in final judgement and not now

rajendran (Querist) 28 February 2014
the Bail was rejected by the trial court(Special Court of TANPID Act Court)

Guest (Expert) 28 February 2014
Do Not Approach High Court till March 12th.If you want make attempts in Trial Court it self till then.

Rajendra K Goyal (Expert) 28 February 2014
Again try and file bail application in the same court.

Devajyoti Barman (Expert) 28 February 2014
Trial court is wrong. The earlier days passed in custody will also be counted.
Go to sessions court.

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