filing of chargesheet

Querist : Anonymous (Querist) 01 January 2010 This query is : Resolved
Mr X is facing a complain u/s 467, 468, 471, 420 on 30 Sept 09. once arrested or surrendered will the chargesheet be filed (in 90 days)from FIR date or arrest?. The regular bail application can be moved in session after remand? If need be can he move to HC for regular bail even if the chargesheet is not filed?

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adv. rajeev ( rajoo ) (Expert) 01 January 2010
On on the basis of the FIR or even arrest or surrendering himself bail application can be moved, it is not necessary to wait for filing of charge sheet.

Srinath Kondapally (Expert) 01 January 2010
irrespetive of filing chargesheet after producting him concerned magistrate court regular bail petition can be movedin such magistrate court,session's court and finally at HC, if bail dismissed step by step in these courts

Arvind Singh Chauhan (Expert) 01 January 2010
Why not but after rejection from lower courts.

Khaleel Ahmed (Expert) 01 January 2010
Yes he can file regular bail petition at any time.

Raj Kumar Makkad (Expert) 01 January 2010
Charge-sheet should be filed within 90 days of arrest of accused but if it is filed beyond 90 days, it is not fatal for case rather the accused can be granted regular bail in such case. So far as moving of bail application is concerned, such accused can move his bail application before trial magistrate and on rejection can file before sessions judge and on his rejection before High Court but not directly before HC.

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