anuragi 21 February 2016

Whata after 498a bail cancellation?

I have got the police report and submitted for bail cancellation based on the bail conditions violation of my husband in 498a case. What happens after the bail is cancelled? Is it possible to file chargesheet before the bail is cancelled as the bail report is already in process?

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SOLOMON.RAJ (advocate/director) 11 March 2016

Mrs. Anuragi,

If the Hon'ble courts after being satisfied with the police report that the conditions of the bail have been violated it may cancel the bail granted to the Prime/Sole Accused or all the accused, there by the police will arrest him and produce him before the Hon'ble Courts i.e the concerned jurisdicational magisterial Courts ad the Courts will send him for judicial custody. .

The second part would be that he is eligible and has the right as an accused to move a petition for regular bail and the court may enlarge him on bail as it is a subject matter purely pertaining to the discretion of the Hon'ble Courts.

While this stands as above there is no hindrance or abstinence on the part of the police for not filing the charge sheet , after the said mandatory period the police is incoined to file the charge sheet . The filing of the charge sheet by the police/prosecution has got nothing to do with the process of cancellation of bail of the accused , Irrespective of which the trial procedure will go on as per the criminal procedure code.

SOLOMON RAJ

Advocate, High Courts of A.P. & T.S.

Recipient of BHARAT GAURAV SAMMAN AWARD,2014,

Director, Justice League,

National Joint Secretary, Christian legal Association

General Secretary,U.C.C ,State of Telangana,

Vice President, Minorities Right Forum,

Indian Ombudsman, U.E. Of Unites states of America,

National Vice president , All Indian Christian's Council,

Email:rajcarey@yahoo.com, justiceleague367@yahoo.com

Ph:+91-9866545086.