Section 323 in Rules of the High Court of Judicature for Rajasthan, 1952
323. Application for jail.
(1)No application for bail shall be entertained unless the accused has surrendered except where he has been released on bail after conviction under sub-section (2A) of section 426 of the Code of Criminal Procedure. The application shall state that the accused has surrendered and is in custody or that he has after his conviction been released on bail by the lower Court under sub-section (2A) of section 426 of the Code of Criminal Procedure, 1898.(2)Every application for bail in a case which is under investigation or which is pending in a lower Court shall state whether applications for bail had or had not been previously made before the Magistrate and the Sessions Judge concerned and the results of such applications, if any.(3)Every application for bail in a case in which leave has been granted for appeal to the Supreme Court shall state whether any application for bail had been moved in the Supreme Court and if so. with what result.(4)Save in exceptional circumstances, no order for bail shall be made.-(i)on an application relating to cases pending in lower courts, unless notice thereof has been given to the Government Advocate and at least three days have elapsed between the giving of such notice and the hearing of such application, and(ii)in case of applications relating to appeals and revision in the High Court, unless notice thereof has been given to the Government Advocate and at least twenty two hours have elapsed between the giving of such notice and the hearing of such applications, such applications for bail shall indicate that such previous notice has been given to the Government Advocate.
