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jky (tttttt)     18 January 2014

What after session court reject regular bail

FIR with IPC 420/419/34 on 16DEc2013 with case of impersonation
Anticipatory bail rejected on 08Jan2014 by session court
Volunteerly given police arrest on 15Jan2014
Regular bail rejected on Wed, 16Jan2014 by majistrate court
Regular bail again rejected on Thu, 17Jan2014 by session court
In tihar jail from Thu16Jan2014

What are options now please suggest..we have given advice to again appeal in session court on Monday 20 jan 2014... Please give expert advice on possibilities...
 



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 14 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 January 2014

Dear Querist

when the session court reject the bail then the appeal against the bail order is lie before HC and not before the session court, you can file the second bail application before session court  with the new ground if any otherwise filing Bail before HC will be better option.

Feel Free to Call

jky (tttttt)     18 January 2014

@nadeem sir thanks it was helpful..if you can throw more light on file the second bail application before session court..what are rules there ?? is there limit on no of days gap between two bail??also give example of new grounds how these considered ???

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 January 2014

Dear Querist

the meaning of new Ground is the different ground as mentioned in the first bail application and there is no time limit to file second bail application before session court but the session court will entertain the second bail only on the new ground.

for example in first bail application the ground is only simply regarding the facts & there is any mis-happening in the family or any major accident, medical illness etc is in the family.

Feel Free to Call


(Guest)

I do agree with above expert and my practical suggestion would be you could apply for High Court Bail after 15th feb which you would succeed till then if you want keep trying in sessions court.

jky (tttttt)     18 January 2014

@rajkumar

thanks for confirming this.... just curious on one more front...in our case police is convinced with the investigation, they have nothing more to investigate..they are convinced with our given statements...but some how court has different opinion on this....Looking at our case dates if we request police to file chargesheet in next week WILL THAT help in granting bail by session court....can chargesheet be filed without bail granted ?? also @rajkumar sir High Court Bail after 15th feb sure because you saying police must have to file chargesheet within 60 days in this case am i right ??


(Guest)

Till 15 th feb keep trying in sessions court only.Your advocate should have gone for AB without surrender.If police are in good terms with you they could also help you.Your next application in Sessions court make it after a week.If P.P does not object strongly you would get it in sessions court. itself.

jky (tttttt)     18 January 2014

thanks @rajkumar sir...convinced with your guidelines...just for information please answer these queries of me :

please answer few more sub queries :

1.Looking at all dates of this case by which DATE police MUST have to file chargesheet at any cost by law ??

2.By their own WISH CAN police file chargesheet in coming week and that ease out our chances of bail in session court(making it new ground)...Is that possible case of filing chargesheet before bail??


(Guest)

you pl dont worry about charge sheet what ever it is you would get it on feb 15th. in H.C. appoint a good senior lawyer for it.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 January 2014

filing charge sheet is purely discretionary power of the police, nobody can interfere in that but if police is not able to file the charge sheet within 90 days and the accused is in custody then the accused has right to get bail as per section 167(2) of Cr.P.C

jky (tttttt)     18 January 2014

@nadeem sir..yes i agree actually we should not think about chargesheet....but we just thinking of possible chances & luck factor...you very much cleared if chargeshhet not filed in 90 days then that gives bail BUT police files chargesheet anytime between 45-90days then that will be good for us or bad,...

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 January 2014

its depend on charge sheet but after charge sheet grant the bail is easy

(Guest)

If you are looking for final relief dont  insist about charge sheet

Isaac Gabriel (Advocate)     19 January 2014

Perfect guidance!

jky (tttttt)     22 January 2014

hello experts..

our todays session court also rejected by court...

yesterday accused got selected for a Computer Teacher in a private school for which interview happened 2 months back and 
joining date is 28Jan2014......

Is this solid point for our next bail application success in session court ?? please suggest on this point

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