498A Chargesheet

Guest (Querist) 14 September 2010 This query is : Resolved
In 498A case the names of my parents, and sister and myself was included. The chargesheet is about to be filed. I have some questions:

1. Can the name of my brother in law now added in chargesheet though it was not there in the original FIR.

2. As I have a regular bail and my parents and sisters are having a arrest stay from the high court. If the Chargesheet is filed then at what time the person whose name is now added which was not there in the FIR will have to apply for bail.Can he be arrested in between the time the chargesheet is filed and the summons are issued. If yes need suggestions that how can this be dealt with.

3. Does filing of chargesheet impact the status of persons who are on arrest stay from high court. As the high court has stayed arrest as the case is referred to mediation by high court. Will the arrest stay from high court still be valid if the chargesheet is filed.

I need the advice on the way the person whose name is added subsequently in the chargesheet secure bail and is there a chance of his arrest if he is caught unaware not knowing that he has been included in the chargesheet though not in original FIR.

Please suggest next steps to defend.

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Kiran Kumar (Expert) 14 September 2010
the names of additional accused can be added in the chargesheet, but it is upto the court to accept it or not.

certainly fresh bail will have to be secured from the court.

Guest (Querist) 14 September 2010
k

s.subramanian (Expert) 15 September 2010
I agre with Mr.Kiran/

virender (Expert) 15 September 2010
as far as the persons on arrest stay they have to file there bail bonds when they r going to appear before court after making a bail application

yogesh (Expert) 16 September 2010
If the name is not on FIR then authority may add it after the investigations with solid reasons But its upon the court to accept/decline it and surely there will be the weak point for the authority

2 Its being advisable that one should move ahead for bail application/anticipatory bail if any reasonable clue will be suspected for his arrest and for the precautionary measure

3 Chargesheet means that the police has completed the investiagtion and therafter the framing of charges will be there and there will be the commencemnet of the trial
Please may also go through the contents whether there is transistional bail or regular bail?

Ravikant Soni (Expert) 05 April 2011
no. Accused other than named in chargesheet and after cognizance can be added as according sec 319 of cr.pc only.

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