LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Harry 0805   04 February 2023

during trails new charge sheet filled by police

fir no. 000 registered against 6 accused under sections 323 and 308 ,and148 and,149 of ipc..

All accused got anticipatry and regular bails by high court before charge sheet file in lower court... lower court has been charge framed under same sections..

during trail proceeding.. public prosecuter move an application under section 216 for alter the charge with ipc 307.. this application accepted by trail court.

This is my question - now accused apply for new regular bail under section 307 of ipc or previous bails maintable ???? accused have no need to apply for fresh bails ????


 2 Replies

Dr J C Vashista (Advocate)     05 February 2023

1. It do not require fresh (new) bail, if the accused are already been admitted in (regular) bail.

2. Charge may be added or altered by the Trial Court.

3. The facts posted in the question paper reveal it to be moot court topic but not a real story since

a) How and why FIR No is 000 ?

b) Whether provision of section 308 and 323, 148 and 149 IPC has correctly been mentioned in the FIR for the offence(s) ??  

c) Section 307 and 308 read with sections 148 and 149 IPC can go concurrently against the accused of roiting assembly with deadly weapons ?

1 Like

anubhav Bhatt   05 February 2023

If sections altered and 307 IPC came in effect then accused will get new bail order due to that section for more clarification you may contact us then I'll explain properly about your case.
MOBILE 9198889990.
1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Recent Topics

View More

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query