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shalini (software engineer)     11 June 2012

Chargesheet

Hi all,

The fir of in our case ( 498a/304/...etc)  was lodges on march 14th and its going to be three months on 14th june. We still don't have the chargesheet. How do we will come to know that chargsheet has not been filed or filed. As I know through this forum that if IO does not send any chargsheet with in 90 days( a few syas 60 days) our chaces to get the bail is increased to 70%

 

thanks

Shalini

 



Learning

 11 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 June 2012

14th June, you would get an indefeasible right to get bail if chargesheet is not filed,  and your bail won't be cancelled even after subsequent filing of chargesheet. 

shalini (software engineer)     11 June 2012

thanks all. I am sorry for my typing mistake. The IPC in our case is as below

 

section 498A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, P.S

That means no 304 and that further means Chragesheet should be submitted with in 60 days i.e. 14th may. How do I confrim that Io has not submitted the chargesheet.  We didnt get any summon. Also why our layer hide this thing to us. He himself is telling nicely that why we are approaching toward the bail its better to get the settlement....I am loosing faith on my brother's laywer.

 

Anjuru Chandra Sekhar (Advocate )     11 June 2012

Accept only the settlement arrived at in the Family court under the provisions of Family Courts Act, during the course of proceedings under Hindu Marriage Act, not any settlement process (out of court or any process which is made to believe as official/formal by police/advocates) initiated by police and advocates.

shalini (software engineer)     11 June 2012

Hi All,

 

I just searched further and found that this 60day chargsheet things is under 167ipc, where the person is jail and then if investigation offer does not give the chargesheet then he is grant the bail ...

 

I request all the laywers who replied me here to confirm this and how that is applicable to our case when my brother is not in jail. 

infact  I come to know that if my brother is already undergoing the mediation then Investigation may be stooped for a while.

 

Thanks.

SACHIN AGARWAL (ADVOCATE)     12 June 2012

The limitation for filing charge sheet is applicable in those cases in which the accused is in jail. It would not be applicable in your's case as he is not in jail.

shalini (software engineer)     12 June 2012

Thanks Sachin. I request all the alwyer to confirm on this. I also assume the lawyer should have  assumed that i put the question when my brother has not been caught in jail yet. If Sachin is right then what the basis of answer of  other lawyers on this thread.  Pardon me if I seems to be not ploilte but I want to confirmation on this from the people who replied or who didn't reply. Thanks

kamal (Advocate)     18 June 2012

Mr. Bharath and Ashish are absolutely right.

 

All the best.

shalini (software engineer)     19 June 2012

thanks kamal. After doing my own research I am not agree that Mr. Bharath and Ashish is right that in my case, we will get  an indefeasible right to get bail if chargesheet is not filed. Thanks

Ratnesh kumar (Advocate)     20 June 2012

it is quite ovious in the section of i.p.c. where punishment is below 7 years the chargheet would be submitted within 60 days otherwise the accused will get bail under 167(2) and the judge also dont have the right to keep him in jail.

shalini (software engineer)     21 June 2012

Mr . Ratnesh, you are right when the accused is already in jail and not when he is on some interim bail. The police is not bound to file chargesheet with in 60 days as it is assumed that the matter between parties can be resolved amblicably so no need for investigation. So this 60days time limit is for the person who is already in jail and will get the bail.


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