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Bail and Framing of charges

(Querist) 05 July 2009 This query is : Resolved 
Ld counsels,

I have first complaint and no FIR was registered. I have AB for this complaint. Now there is a second complaint and FIR registered, investigation is over and summons are served to me. Do I require a bail while going to court for this calendar case.

How can I(accused) tell the magistrate that this is inherently a false case and not to proceed with the trail. Will there be a framing of charges on the first appearance.

Manish Raghav (Expert) 06 July 2009
You should approach magistrate to register an FIR on your compliant. you can also file a protest petition citing the irregularities committed in the investigation before the magistrate. as far as bail id concerned you have not mentioned which section have been framed against you.
Kiran Kumar (Expert) 06 July 2009
i belive the complaint was made before the magistrate therefore is the following advice.

dont worry, its a summons case when u ll appear before the court, u ll be given opportunity to furnish bail bonds after the bail immediate arrest will be made.

as far as procedure is concerned dont worry charges will not be framed on the first date of hearing.

u can challenge the summoning order and the complaint in the higher forums as the magistrate can not review its own order though he may discharge u at later stage. No need for protest petition and counter complaints at this stage.

seek help of some local counsel.
PALNITKAR V.V. (Expert) 06 July 2009
You will have to furnish bail for the second complaint. There should be no difficulty in it. Secondly, if it is warrant triable case, you may apply to the magistrate for discharge. But if it is summons case, you will have to file revision before Court of Session for discharge. Normally charge is not framed on the date of first appearance. Depending upon the workload, normally it takes at least 3-4 dates for framing of charge. So you need not worry at all.
PARTHA P BORBORA (Expert) 06 July 2009
pl apply for bail and wait untill the court supply the copy of the case. as summons has been issued u must face the trial. to cionvict an accused in a criminal case the prosecution must prover its case beyond all reasinable daught. so pl appoint a local criminal lawyer and handover him the case record to preapear ur defence. if trhere is no prima faci case agaist u u may be dicharged. but no personal communication shall be allowed with the magistrate.
Ranganath (Querist) 06 July 2009
Thanks a lot to all the Ld counsels. Please let me know, Where should I apply for bail. Do I need sureties... Is there still a possilbility of arrest. However, Police said the investigation is over. What is the main idea behind the second bail.

It is more than six months since the FIR is registered, I guess action has been taken after I complained to DGP and I have also filed an RTI to court about the case status.

Thank you all.
Ranganath (Querist) 06 July 2009
Further to the above information.

IPC sections mentioned in the summon were 420 and 417. Please clarify my above question.

PARTHA P BORBORA (Expert) 07 July 2009
u must apply for bail before the court which issued the summons. yes the court may order to produce a surety.

both Section are for cheating. 417 is the penal provision for cheating by personation and 420 ipc isd the penal provision for cheating where transection of property or veluable securti is involved
Sarvesh Kumar Sharma Advocate (Expert) 30 September 2009
take bail then the defence process will come!
othewise go to h.c. u/s-482 and approch the police or if invetigater is not co-opreting u then transfer the cse.

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