sandeep singh 07 January 2021

Can the accused be remanded in police custody even after the chargesheet is filed in the session court?

accuseds got regular bails under section ipc 308,34

and starting session court trail.

now session court charge addment under section ipc 307
please tell me
then accuseds re arrest by police or not
accuseds go to judicial custudy or not.

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Quick Summary

This discussion explores whether an accused person, already granted bail for charges under IPC 308 and 34, can be re-arrested or remanded to custody if the session court adds a more serious charge like IPC 307. Opinions differ on whether the existing bail remains valid or if the accused must surrender and apply for fresh bail due to the new, graver accusation.

5 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 08 January 2021

Hello,

If a new grievous section is added and accuse is already on bail in another section in that case accused has to surrender before the court and has to apply again for the fresh bail in view of the addition of a new section.

Dr J C Vashista (Advocate) 09 January 2021

No, the accused is already admitted on bail, which is valid during pendency of trail, if conditions of bail are not violated.

vipin som 09 January 2021

now who is correct here Mr.Pawar or Mr.vashista

sandeep singh 09 January 2021

i think mr pawar is right. because session court have no power to directly bail before arrest in attempt murder case i pc 307

Dr J C Vashista (Advocate) 10 January 2021

Originally posted by : sandeep singh
	accuseds got regular bails under section ipc 308,34 and starting session court trail. now session court charge addment under section ipc 307 please tell me then accuseds re arrest by police or not accuseds go to judicial custudy or not.

@ Sandeep Singh,

You have stated, "accuseds got regular bails under section ipc 308,34 and starting session court trail..." it implies that the accused has already been admitted in bail before commencement of trail.

What is the opinion and advise of your lawyer, if you are a party or concern with the post ?