Help please.

Dear Ram,

Anticipatory bail is a matter of discretion for the Judge. Secondly, the chances of you getting bail largely depends upon the allegations and your role. If your involvment is at par with the people already on anticipatory bail then you can seek anticipatory bail on the ground of parity. Secondly, non-mentioning of your name in the FIR is also an added advantage, which could be utilized.

The benefit

Thanks samir sirji.

  none of the accused r on bail.they r in magistrate custody( after police custody)

i want to ask

1)does the 90days rule general bail apply only to those people who r arrested and r in 90 days of custody.i mean if gor forbid i have to surrender will i have to count my 90 days after i am in custody.or after the main accused get bail on aug 10( hopefully) i will be also considered for general bail.i am not in custody and am on interim bail pending hearing of A-Bail till 25th july.

2) the above scenario is in relation of not filing chargesheet.if they file chargesheet( i hihly doubt they will be able to file it) i will have benefit for general bail as no investigation r required.

  just want to know if i am out on interim bail and the 90 days period is over and they have not filed chargesheet will be eligible for the regular bail even if i have spend 5-7 days in custody.

  please help me.

regards

Dear Ram,

You will be entitled to the benefit of 90 days provided IO, after rejection of your bail, does not move an application for declaring you as absconder.  

It is open for the prosecution to file a charge sheet and seek permission from court to file supplementary chargsheet hence in case the prosecution totally fail to file charge sheet within stipulated period of ninety days, the benefit can not be refused to you based on number of days in custody.

One more reasoning is that the custody is the result of investigation of one FIR only and no seperate FIR is registered against you. Consequently only one charge sheet will be filed, hence the benefit accuring to one offender, due to procedural lapse, can not be refused to other offender.

The third positive in your case is that you have approached the court and not trying to run away from investigation.

hope that satisfy your query.

1.90 days detention does't arise as the maximum punishment is only seven years u/s 420.IPC .

(i) Ninety days, where the investigation relates to an offence punishable with death, imprisonment  for life or imprisonment for a term of not less than  ten years;

(ii) Sixty days, where the investigation relates to any other offence, 

And, on the expiry of the said period of ninety days, or sixty days,  as the case may be, the accused person shall be released on bail if he  is prepared to and does furnish bail, and every person released on  bail under this sub-section shall be deemed to be to released under 
the provisions of Chapter XXXIII for the purposes of that

2.U/S 167 crpc if an accused is in Judicial custody for 60 days and police do not file charge sheet he is entitled for bail from Magistrate court itself. That benefit is only available for the accused who is in Judicial custody.

3. You make an attempt for Anticipatory bail before Sessions court and High court. Then only you need to surrender before the Magistratte court and appy for regular bail. After all offenses triable by JFCM.

hello respected ppl

thanks samri sirji a ton...u have made me at ease and am feeling better now.:)

thanks thankachanji.

Dear Sir I am Law Student I am pursuing in 3rd semester and I have one query in Birth certificate and I don't know how to get the birth certificate because I want to help my best friend

1. my friend have two child one is 4.5 years girl and second is 1.5 year girl but they both are born in home only and they don't have any certificate on that. For that issue he approached the consent office but they are suggested to get the help of advocate. For that he approached me please any one guide me how to get the birth certificate and what is the procedure then how much it will cost…… (I am basically kannada medium boy if there is any mistake in my sentence please excuse me sir)

Thanking you

Shivamurthy.P.