Getting bail

Querist : Anonymous (Querist) 23 October 2011 This query is : Resolved
my husband is in jc from aug 12 the incharge io is arrested under corruption for taking bribe from other co accused in the same case
one of the co accused is granted ab my husband and other main co accused bails r rejected in session court as the other co accused is not arrested irrespective of warrant. is it possible to apply for bail in magistritate court who is granting jc to my husband on ground of long jc and not filing of charge sheet and false report of previous io who is in hand to hand with other accused and complainant. as i am working in a bank can i appeal for bail to my husband so that i guarantee that he will attend the summons and court proceedsings as we live far from the case registered place with my little daughter i am not able to meet him or help him in legal matters can u pl guide me on what ground we can apply for bail. new io and pp is not objecting for bail but the complainant is objecting

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Devajyoti Barman (Expert) 23 October 2011
The JM unlikely to grant bail.
You better file petition u/s 438 CRPC before the High Court.
Granting of bail depends upon the merit of the case and not upon the objection of the complainant.

Shonee Kapoor (Expert) 23 October 2011
The accused is in custody Ld. Mr. Barman, how is 438 applicable.

Lady, you need to apply bail on parity in Sessions Court, JMFC is unlikely to grant bail in this matter.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate. Arunagiri (Expert) 23 October 2011
File a regular bail petition u/s 439.

Raj Kumar Makkad (Expert) 23 October 2011
As Sessions Judge has already rejected bail application of your husband so only remedy remains to approach High Court. Non-filing of challan within 90 days of arrest of your husband shall definitely give rise a strong ground in his favour.

Devajyoti Barman (Expert) 23 October 2011
Yes I mistyped it. I meant to say 439 .

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