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Author Topic: what is the procedure to Obtain Bail in India  (Read 1957 times)

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Offline advocatesingh

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what is the procedure to Obtain Bail in India
« on: June 29, 2013, 02:06:23 AM »
# Firstly: Bail application must be presented before the Superintendent of a District Court,He  puts his initials and the date stamp of the District Court on every page and transmits it to the Inward Section.

# secondly: The Clerk of Inward Section enters the name/s of the petitioner/s, name of the Advocate, Crime Number and name of the Police Station in the 12-Register (Inward Register) and sends it to the Translator, Criminal Section of the District Court.

# Thirdly: Then the Translator of the District Court or his Assistant checks the application, writes a brief note on the bail application and the Translator places the same before the District Judge.

#  Fourthly: After obtaining orders from the District Judge, the Translator of the District Court allots Cr.M.P.Nos. to the bail applications and enters them in the Cr.M.P. Register (6 A Register). He also enters the orders passed by the District Judge on each application in the Diary Register (11-Register). If they are made over to any of the Additional District Courts, the said order would also be mentioned in both the Registers.

#  Fifthly: If the bail application is ordered to be made over to any of the Additional District Courts, the Translator sends it to the concerned Court along with the Cr.M.P. Register. The Criminal Section Clerk in the I-Additional District Court and the Translator in the II-Additional District Court receive bail applications after putting their initials in the Cr.M.P.Register, in token of having received these application. They place the applications before the concerned Additional District Judges for orders, after making a note on the application "Received from Sessions Court".

# Sixthly: Then the Additional District Judges order notice to the Additional Public Prosecutors of their Courts. The Criminal Clerk of the I-Addl. District Court and Translator of the II-Addl. District Court enter the particulars of these applications in their respective Cr.M.P. Registers (6-A Register) as well as the Diaries (11-Register) of their courts.

# seventhly: The Steno-Typists of both the Additional District Courts take down the orders, in short hand, as and when the Additional District Judges dictate them and transcribe them on the bail applications. The Typist in the II-Addl. District Court types the fair orders, while in the I-Addl. District Court the Steno-Typist does it.

# Finally: Whenever any bail application is made over to any Additional District Court in any Crime Number, all subsequent bail applications filed in the same Crime number either for the same accused or for the co-accused will also be made over to that particular Additional district Court only.
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