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Chargesheet Bail

Guest (Querist) 05 March 2011 This query is : Resolved 
what is chargesheet bail- Is it different than securing at the time of FIR.

I took bail in my 498A case at the time of FIR and the other accused took AB upto chargesheet.

the charge is submitted and now summons are not served but we checked the date in court so we would appear as dont want any adverse impact for non appearence.

The question is that since my parents are on AB which would not suffice in Trial court so on date of first appearence they would need to apply Regular bail application.

Is it granted or there are chances of rejection. My parents age is 70+ and my married sister. I want a honest opinion please suggest as I dont want my old parents to be arrested.

I have met local lawyers they dont give the clear picture as they think if they say its easy they cant ask more money but its important for me that the bail is granted. I am on regular bail being the main accused.
Guest (Expert) 05 March 2011
KINDLY NOTE THAT CHARGESHEET IS ALREADY FILED.MEANS INVESTIGATION IS COMPLETE.MAIN ACCUSED IS RELEASED ON REGULAR BAIL.
HENCE THE REMAINING ACCUSED WHO ARE ON ANTICIPATORY BAIL,THEY HAVE TO APPLY TO THE SAID COURT FOR REGULAR BAIL MENTIONING THAT THEY WERE ON REGULAR BAIL AND THEY WILL BE RELEASED ON BAIL BY FURNISHING THE SURETY JUST LIKE THE REGULAR BAIL ORDER OF MAIN ACCUSED.
YOU MAY MENTION THE OLD AGE OF FATHER AND MARRIED DAUGHTER WHO IS NOT RESIDING WITH FATHER. BAIL WILL BE GRANTED.
GOOD LUCK.
Vikas Nagwan (Expert) 05 March 2011
You should know that in 498A cases the court is not tilted towards rejection of bail application until or unless the case is of a very serious nature, here you have not mentioned the type of cruelty as per the facts in the FIR.. still I agree with Mr. Nandkumar, now after the completion of investigation, that since main accused (that is you) is on regular bail, i do not see even a single reason why the co-accused be not granted a regular bail. you could move a regular bail application for your parents and your sister. It is well known that such old parents are not going to flee and are not a threat to the victim. while sister being living separately, the most likely consequence is that bail will be granted.
Dayananda Gowda (Expert) 05 March 2011
i agree with experts
A Truthseeker (Expert) 06 March 2011
in 498A cases the court generally refuses bail of the main accused ie u here in this case , but here before the chargesheet is submitted u are granted bail and in this type of cases once the bail is granted the refusal is exception. u being the main accused granted bail the other two accused your aged father and sister being woman are ver y unlikely to be denied bail as the law favors them being aged and womann regarding bail.
so i agree with the experts.
Advocate Sachdev Bishnoi (Expert) 06 March 2011
As the name indicated Anticipatory bail. when the bail is t\granted in these cases than we have to apply for regular bail in the lower court and with in the time of anticipatory bail as it is ordered in the AB. so it is regular course that when we are applying for regular bail after AB then it is easily granted by the lower court and it is very easy when all the accused including the main accused is on bail. When you move the regular bail you must complete with your documents of Bailbond etc


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