Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ashok K Gupta (Assistant Registrar)     20 September 2019

Bailable offence

Whether section 120b, 420, 467, 468 and 471 of P C act are bailable offence. Kindly enlighten


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 8 Replies

Vinit Nair (Advocate Vinit Nai   20 September 2019

Non Bailable .

Ashok K Gupta (Assistant Registrar)     20 September 2019

Extremely thankful for your time to enlighten. May I request you to further suggest what should be my course of action when CBI registers fir against me.

Ashok K Gupta (Assistant Registrar)     21 September 2019

even though the fir has been registered only on the presumptive grounds, the system will not give me any chance and would arrest me. to give you more inputs it is to furnish that I was working with iitism and was selected to new institute. I technically resigned from iitism and joined the new institute. after about a year I got a call from cbi for enquiry (PE) in the matter, which I attended and explained the entire process of procurement followed at the prev institute. I don't know what enticed him to arrive at the conclusion that I was involved with the supplier, wherein no proof was there. after about 4 months I heard that cbi has registered a for against me and sought some approval from my prev institute to carry out the investigation against me. it is learnt that institute has already accorded it's approval. now I believe cbi (as I am told) will submit the charge sheet against me in the court to which I will have to defend. I learnt that almost on 9 times (through website) cbi could not submit the final form in the cbi court.
sir with very humble request I would like to understand the process of this entire mechanism. even without proving the charge and giving any opportunity to hear me, will the system arrest me. and if so and if I go for the anticipatory bail, what would be the cons of that course of action.
I further thank you for sparing your valued time and would urge you to give me advice so that I defend my position.
it would be of great help if I get to understand the process to defend myself. I am being trapped unnecessarily in the entire episode. thank you very for your time and suggestion.

Ashok K Gupta (Assistant Registrar)     21 September 2019

even though the fir has been registered only on the presumptive grounds, the system will not give me any chance and would arrest me. to give you more inputs it is to furnish that I was working with iitism and was selected to new institute. I technically resigned from iitism and joined the new institute. after about a year I got a call from cbi for enquiry (PE) in the matter, which I attended and explained the entire process of procurement followed at the prev institute. I don't know what enticed him to arrive at the conclusion that I was involved with the supplier, wherein no proof was there. after about 4 months I heard that cbi has registered a for against me and sought some approval from my prev institute to carry out the investigation against me. it is learnt that institute has already accorded it's approval. now I believe cbi (as I am told) will submit the charge sheet against me in the court to which I will have to defend. I learnt that almost on 9 times (through website) cbi could not submit the final form in the cbi court.
sir with very humble request I would like to understand the process of this entire mechanism. even without proving the charge and giving any opportunity to hear me, will the system arrest me. and if so and if I go for the anticipatory bail, what would be the cons of that course of action.
I further thank you for sparing your valued time and would urge you to give me advice so that I defend my position.
it would be of great help if I get to understand the process to defend myself. I am being trapped unnecessarily in the entire episode. thank you very for your time and suggestion.

Ashok K Gupta (Assistant Registrar)     23 September 2019

Dear learned members,
thanks for continuously guiding me in the matter. now I have come across with more technical stuffs. the prev management says that they have only accorded the approval to cbi u/s 17 of PC act and the sanction to prosecute is yet to be accorded u/s 19 of PC act. may I further seek your kind opinion and guidance in the matter to come out of this trap to save my future. I am sorry if my daily asking is troubling in any kind. I believe the learned members can visualize my state of mind. sorry again

Vinit Nair (Advocate Vinit Nai   30 September 2019

If the CBI have submitted the chargesheet then probably they will not arrest you, CBI in some cases do not arrest the accused person if the accused is co-operating with investigation. In your case once the Chargesheet is filed in the concerned CBI Court, you will receive a summons from the court, you will have to be present, you will have to take a formal bail if court directs. If you think that there is no evidence against you then you may file a discharge application before framing of charge. Note :-Once the charges are framed you will not be allowed to file discharge application.

Vinit Nair (Advocate Vinit Nai   30 September 2019

stage of discharge comes before framing of charges.

Vinit Nair (Advocate Vinit Nai   01 October 2019

Under which provision? Discharge of the accused can only be done before framing of the charge, if it is after framing of charge it will be an acquittal.
please have look on Supreme court judgement Sadek Mahammad Ahmad hasan V/S Jyotish Chandra Pandit in which it is observed that there is no provision to discharge the acccused once the charges are framed. Please have a look on 245(1) CrPC and 246 CrPC .

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