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raaju   31 January 2017

Bail from court after police station bail under 41a

Police station bail under 41a has been given in 498a .Now Chargesheet has been submitted. Please advice me on taking bail from court .


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 3 Replies

raaju   31 January 2017

Bail given by IO in police station under 41a.

biswajit   01 February 2017

POLICE DID NOT FIND ANY GROUND THAT YOU ARE RELATED THE OFFENCE SO POLICE OFFICER RELEASED YOU, BUT YOU HAVE TO TAKE BAIL FROM THE COURT .

Rohit Krishan Naagpal (Advocate)     18 June 2017

The Hon'ble Delhi HIgh Court in Court On Its Own Motion v. Central Bureau of Investigation 109 (2003) DLT 494 held that 

The Court shall on appearance of an accused in non-bailable offence who has neither been arrested by the police/Investigating Agency during investigation nor produced in custody as envisaged in Section 170Cr.P.C. call upon the accused to move a bail application if the accused does not move it on his own and release him on bail as the circumstance of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. Reason is simple. If a person has been at large and free for several years and has not been even arrested during investigation, to send him to jail by refusing bail suddenly, merely because charge-sheet has been filed is against the basic principles governing grant or refusal of bail.

 

Hope this solve ur  query !


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