previous bail
imteyaz farooquee
(Querist) 04 February 2011
This query is : Resolved
Accused persons were on police bail during investigation or by Chief Judicial Magistrate in lessor section but the charge sheet was submitted in graver section( such as 307 0r 302 IPC). After submission of the charge sheet, the defence lawyer prays to remain the accused persons on their previous bail (Police bail ). My question is that what a judicial Magistrate may order to continue on the same bail ? If yes or no, please give in detail and also cite ruling
Advocate. Arunagiri
(Expert) 04 February 2011
For one FIR one bail only, irrespective of the addition of the sections at the time of charge sheet or at the time of investigation.
No need for the second bail.
Arvind Singh Chauhan
(Expert) 05 February 2011
I do agree with Arunagiri Sir.-
During investigation I.O. released on furnishing the personal bond- Hence magistrate should’nt ask her to apply for bail- at most she may be asked for furnishing a fresh bail bond for her appearance for future dates.-Smt Radha Devi V/S State Of U.P. & Oth- Prayag Nernay Prakashika (Criminal)-2002- Allahabad HC Lucknow bench.-714
Accused already on bail under 325,504- subsequent addition of Sc. St. Act sections – direction to file fresh bail bonds without him being taken in to custody-A.C.C.-2005-Vol-52-All-400.
If the bail has been granted in one crime No. But offence is enhanced- No fresh bail application or bail bonds required- JIR-2003-Page-202- Devi Prasad V/S UP.-Allahabd HC.
Bail granted under Sec 323, 504, 506 IPC- Later section 307 enhanced in charge sheet – even session trial, accused can be permitted by magistrate to continue on same bail subject to fresh bail bonds- Raj Kumar V/S State of U.P.- ALL-ACC-2005(51)-133.
Ajay Bansal
(Expert) 05 February 2011
Agreed with above.
vijayan
(Expert) 05 February 2011
In any case , police bail during investigation is not sufficient when appearing before the court.If the charge sheet bears the same offense stated in FIR or If there is an addition of graver offense in the charge sheet than FIR , whatever may be the case, the accused shall take bail from the court and execute bail bond. The matter that the accused is arrested and released on bail from the Police station is sufficient reason to get bail from the court even if graver offense is added in charge sheet, because the accused is not an absconder.
In the case when the accused was arrested and produced before the court in the investigation stage or crime stage, and subsequently released on bail by executing bail bond, there is no need to furnish fresh bail when appearing before the court because bail bond already is there in court.
