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VIPIN SHARMA, ADVOCATE, JAIPUR, Mob. 09610000043 (Advocate)     08 February 2010

Criminal trial

Whether it is permissive to convert summon trial into warrant trial and vice-versa?

 

Vipin Sharma, Advocate

337, Akron ka Rasta, Kishanpole Bazar, Jaipur-302001

Mob. 09610000043

 


Learning

 8 Replies

Suchitra. S (Advocate)     08 February 2010

Sir, I think a summon case can be converted to a warrant case. But a warrant case, cannot be converted to a summons case.

vijayan (lawyer)     08 February 2010

Suchitra is correct . Go through Cr.P.C

atul kumar (SERVICE)     09 February 2010

yes it can be. I have another question, " What could be the period of the anticipatory bail" Whether anticipatory bail is possible after submission of charge sheet

Suchitra. S (Advocate)     09 February 2010

The purpose of anticipatory bail is to save the person being arrested after a case has been filed by somebody against who seek for bail. So, I dnt think one can obtain AAB after submission of charge sheet.

N.K.Assumi (Advocate)     09 February 2010

Dear Suchitra, but if the accused were released on bail and bail was not cancelled after the charge sheet was filed as in most of the cases, criminal proceedings proceeds in that manner, as such, it would not be logical to say that after the charge sheet is filed acused can not avail AB would not be proper. Ofcourse the nature of the case will speak itself, but I am of the view that as long as the accused is not arrested he can avail AB provided he is not in custody before moving the AB application, as AB can be granted even at the time of commitment of the case by the Magistrate to the Session Court.

N.K.Assumi (Advocate)     09 February 2010

Regarding the period of AB there is no invariable rules that AB should be limited to a point of time and this is the observations of the Apex Court, but if the Court for reasons that it should be limited to a point of time AB is limited to a certain point of time. 

Suchitra. S (Advocate)     09 February 2010

Thanks for correcting me, Sir. :)

N.K.Assumi (Advocate)     09 February 2010

There are things that I have to thank you also.


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