Withdrawal of ab and filing a petition for bail in trial court
Sundram N
(Querist) 28 May 2013
This query is : Resolved
Dear senior & Friends,
Kindly advice as early that, Charge sheet of 498a is submitted completely by investigation officer although Anticipatory bail of main accused i.e husbnad is pending since back 10months in session court. As police has filed charge sheet realising that, all the allegations in FIR is framed to blackmail the husbnad in veiw of harassment to husband as well as his families' members.
Now , your kind suggesion is required :-
1. will Session court grant to the main accused i.e husbnad as the charge sheet is completely filed by police ?
2. can i withdraw the bail petition from session court as the charge sheet is completely filed by IO or it can be expected from session court will grant bail in next hearing to be held in next month ?
I want to clear that the charge sheet is truely filed and this is in favour of husbnad.
3. should I withdraw the AB petition from session court and to present before the megistrate court in which trail will be started . will the concerned megistrate grant bail in same day when husbnad will present?
some one is suggesting me to withdraw anticipatory bail from session court and take the bail from court in which trail will be started. the concerned megisterate will certainly give bail at the time of hearing when husbnad shall present. some one is saying & suggesting that, bail will be granted by session court itself in next hearing as the charge sheet is filed by IO.
kindly suggest what will be happened as i am in doubt .
Nadeem Qureshi
(Expert) 28 May 2013
Dear Querist
as per you query my opinion is mentioned below:
1. will Session court grant to the main accused i.e husband as the charge sheet is completely filed by police ?
Opinion: the Lower court accept this charge sheet or not but session court may grant the AB on this ground that the investigation is not pending so there is no other purpose to reject the bail.
2. can i withdraw the bail petition from session court as the charge sheet is completely filed by IO or it can be expected from session court will grant bail in next hearing to be held in next month ?
I want to clear that the charge sheet is truely filed and this is in favour of husbnad.
Opinion: first of all check it that police has filed the charge sheet or not, if yes then police have no power to arrest without court warrant.
3. should I withdraw the AB petition from session court and to present before the megistrate court in which trail will be started . will the concerned megistrate grant bail in same day when husbnad will present?
Opinion: if charge sheet filed by police before lower court and court has been grant /accept this charge sheet then wait for summoning, the court i8ssue summon first to appear before court and after that appear before lower court the court is bound to grant bail if the accused appear before the court after getting summons.
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