petition under section 437 Cr.P.C

Querist : Anonymous (Querist) 30 June 2011 This query is : Resolved
WHETHER COMPLAINANT CAN FILE OBJECTION TO BAIL APPLICATION IN PRIVATE COMPALNT

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adv. rajeev ( rajoo ) (Expert) 30 June 2011
No. Once charge sheet is filed on the basis of the private complaint, such private complainant will convert it in to state complainant.
If it is 138 of NI Act, objections can be filed for bail application, which wont be considered because the offence itself is bailable.

Guest (Expert) 30 June 2011
yes he can file objection with the help of the public prosecutor.

Ravikant Soni (Expert) 30 June 2011
Yes he can.
In complaint cases complainant has absolute an unrestricted power to conduct prosecution.

Ajay Bansal (Expert) 30 June 2011
Yes. Why not.

Raj Kumar Makkad (Expert) 30 June 2011
Objections can be filed similarly as is seen in the case of State case.

Tarun Thakur (Expert) 30 June 2011
Yes the complainant can file objection.

But in complaint cases, even if the offence is non bailable, the court gives the concession of bail to the accused. The reason behind is that the court issues summons u/s 204 of crpc. If the accused does not appear on issuance of summons then the court uses harsh measure like issue of bailable warrant or non bailable warrants. in this situation , ( issuance of warrants) the complainant can file objection regarding bail

Sachin Bhatia (Expert) 30 June 2011
Yes he can file objection.

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