Bail after chargesheet filled


Dear Experts,

Need your suggestion. I am affected by a wrong criminal case. Police sent summon few times and I never ever appeared in police station as they are supporting my opponents. In such way, after two years, police filled chargesheet and letting us know over phone that I have to come to police station to collect the summon which sent from court after they the chargesheet in court.

My lawyer is suggesting me to not to go to police station as the chargesheet says that I am a criminal and unable catch me. Also my AB is still pending in high court and my lawyer is saying strongly we can get the AB as chargesheet already filed. He is strongly saying like If chargesheet filed, then court/police shold grand the bail. He is asking me to wait to get bail.

Is it true? what i am thinking is all criminals will wait until the chargesheet filled to get bail if my lawyer quote is true right? Can anyone advice me about "is bail should be given if chargesheet filed?"

I am suspecting my lawyer may be unaware or he is trying to extend the case without getting the result to earn from me.

 
Reply   
 

of course bail is given after chargesheet is filed. but that bail is not anticipatory bail. you have to apply for bail freshly. take the case of salman khan car accident. he is given bail after chargesheet is filed.

 

section 436 of crpc elarly used the phrase " appear or is brought before a court". i think this means after filing chargesheet.

 

also filing chargesheet means end of investigation. well why don't you get a bail ?

 
Reply   
 


ADVOCATE./LAWYER

SIR,

KINDLY NOTE THAT

1. YOU HAVE MENTIONED THAT INSPITE OF COURT SUMMONS YOU NEVER ATTENDED COURT .AND POLICE FILED A CHARGE SHEET AFTER TWO YEARS.

2. YOU MAY NOTE THAT AS PER PROCEDURE OF CRIMINAL COURTS , ONCE CR.CASE IS FILED ,ACCUSED CAN APPEAR IN COURT AND APPLY FOR BAIL AND FURNISH SURETY DOCUMENTS.

3. BUT YOU NEVER APPEARED BEFORE COURT HENCE THERE ARE CHANCES THAT COURT MUST HAVE ISSUED WARRANT AGAINST YOU.

4. AS PERIOD OF ABSENCE IS QUITE LONG COURT MAY OR MAY NOT CANCELL WARRANT ON FIRST HEARING . hENCE THE ANTICIPATORY BAIL APPLICATION WHICH IS PENDING BEFORE HIGH COURT , YOU JUST FINISH IT AND TRY TO GET ORDER FROM HIGH COURT MENTIONING ALL FACTS.

5. IF ANTICIPATORY BAIL IS GRANTED POLICE ARE ORDERED , IN CASE OF ARREST ACCUSED BE RELEASED ON BAIL.

6. YOU HAVE ANOTHER OPTION TO SURRENDER BEFORE THE COURT WHERE CASE IS FILED AND APPLY FOR REGULAR BAIL, BUT AS CHANCES OF WARRANT ARE THERE , COURT MAY IMPOSE FINE FOR CANCELLATION OF WARRANT AND MAY OR MAY  NOT CANCELL WARRANT IMMEDIATELY PLEASE NOTE.

GOOD LUCK.

N.B.SAWANT.M.COM.LL.B.ADVOCATE HIGH COURT.

 
Reply   
 

Thanks a lot for your reply Mr. Arix and Mr. Nandhakumar Sir's.

1. Actually I have applied bail in January this year and the application is pending at the high court. Meanwhile (Mid of April) chargesheet has been filled. So my lawyer still hanging the AB application as it is applied earlier than chragesheet filled and hope he will get bail soon. As per your comment, I understand he has to withdraw the AB and has to apply regular bail when I surrender infront of the court. Am I right?

2. Is it any possible to reject my regular bail when I surrender in front of judge? I am asking this because i have not cought by police for 2 years and staying away from my hometown. I am ready to prvoide bond or any commitemnt to cooperate for future investigations managing by court, not by police. I think the police got a warrent when they started the investigation itself. May be the warrent is void now as the chargesheet filled?

 
Reply   
 

Your lawyer is absolutely right. He knows what he is doing...under what sections u r been charged..u cannot get charge sheet from police station appear in court and instead now you csn file for regular bail..
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu