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madhu shinde   26 April 2022

how to get Bail after chargesheet

Accused completed 90 days and chargesheet filed .how accused will get Bail .what is procedure


Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 April 2022

The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.

Parasar   26 April 2022

is he in custody or not

madhu shinde   27 April 2022

yes still in Custody..now case with district court RCC for production of accused hearing

Parasar   27 April 2022

what r the charges

madhu shinde   27 April 2022

crpc 437 .IPC 420 464 465 468 469 120b

Shubham Bhardwaj (Advocate)     29 April 2022

Dear Ms Shinde, 

Simply file bail application. As you have stated that charge sheet has been filed therefore the custody of the accused is not required unless there is flight risk. Therefore, chances of accused getting bail after filing of charge sheet are good unless there are compelling circumstances to warrant the custody of accused. 

 

Regards

Shuham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

Pradipta Nath (Advocate)     30 April 2022

Simply file a bail petition stating that chargesheet has been filed and there is no required to detain the accused for further investigation. Moreover add that unless the accused is released he cannot defend his case for a fair trial.

SUMAN CHAKRABORTY   02 May 2022

You may file Bail Application at any time. There are no hard and fast rule regarding bail applcation, while the accused is in in custody but it is the discretionary power of the Magistrate to grant your application or not.

madhu shinde   03 May 2022

Thank you all for your reply .now accused realised on default bail

Gagandeep Goel (Advocate)     03 May 2022

The bail application can be filed with immediate effect. Further if the accused is in custody and the charge sheet has been filed after a period of 90 days from the date of the remand of the magistrate then the accused had an indefeasible right of getting bail. If the said right it is not exercised within time then the said right cannot be excise now. 

Further you need to file other bail application before the honourable trial court and seek regular bail on the ground that there has been a long incarceration of the accused behind the bars and the court should grant bail as the charge sheet has already been filed and the possibility of tempering with the evidence is not there.

In case the court still does not grant you bail then press for a speedy trial as a matter of fundamental right and after the examination of of the main complainant Then again prays for the bail.

 

Regards

Gagandeep Goel, Adv

987 220 6969, 88173 00001.

masterlegalwork@gmail.com


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