Fresh bail
neeraj dahiya
(Querist) 27 November 2012
This query is : Resolved
hi,
court of session granted bail in 304B in the year 2009. trial commenced. accused appeared daily. after examination of two witnesses, one of the moved to high court for discharge. Delhi HC directed the trial court frame the charge to 302 against all the accused persons.
WHETHER FRESH BAIL APPLICATION IS REQUIRED?
Guest
(Expert) 27 November 2012
Unless the bail order of the Sessions court requires the accused to obtain fresh bail on the filing of the charge sheet the bail already granted would continue for the entire trial and a fresh bail application need not be made.
Ashish Davessar
Advocate
Supreme Court of India
Devajyoti Barman
(Expert) 27 November 2012
It appears that since the trial has already commenced . the accuser must have obtained bail. So they would not require fresh bail.
JANAK RAJ VATSA
(Expert) 27 November 2012
there is no need for a fresh bail
Raj Kumar Makkad
(Expert) 28 November 2012
Once an accused is released on bail under
Section 167 (2), he cannot be taken in custody again merely on the ground of inswerting fresh sections and there must exist special reasons for doing so besides the fact that charge sheet revealed commission of a non-bailable crime.
