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Ms_Roz   28 April 2022

When bail application is file in magistrate court . whether the say of invesitagation is mandatory

When a Bail application (or anticipatory bail application)  is filed in Magistrate court. whether the say of investigation is mandatory to decide /grant bail by the magistrate court?

 

Note: Bail  application is filed tribal court in non-bailable offenses of under sections 420,409,120b and 34 

 



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 6 Replies

Shubham Bhardwaj (Advocate)     28 April 2022

Dear Sir, Absolutely No. The purpose of bail is only to release the accused until proven guilty which is after the trial. The trial begins after investigation is over. Once the investigation is over the investigating agency files charge sheet if there is evidence to charge the accused. if not, then a closure report is filed. Wit regard to tribal court, i am afraid i dont know much. However the criminal procedure code will apply barring the exception in State Special law applicable to the State. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court Disclaimer:- Opinion is only for guidance.
1 Like

madhu shinde   29 April 2022

what about in default bail
for getting default bail one should apply for single accused person or 3 accused together as chargesheet filed in one sheet under 437 .IPC 420 464 465 468 469 120b
1 Like

Shubham Bhardwaj (Advocate)     29 April 2022

Dear Ms Shinde, 

It is always advisable to file seperate bail application and argue them seperately if you are the counsel for all 3 accused. It is because the evidence against 3 persons would be of different degrees. The lesser the standard of proof against an accused better are the chances of bail. And once a co-accused gets bail, the chances of others also improve dramatically.  

Regards

Shubham Bhardwaj (Advocate)

District & Session COurt, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

1 Like

Vrinda   02 May 2022

Hello sir/ma'am,

Magistrate can direct for investigation only to SHO (officer-in-charge) of police station within his local jurisdiction. Any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code.

The investigation has to be completed and the Officer-in-charge of the Police Station is required to forward the police report to Magistrate.
The Supreme Court in Uday Mohanlal Acharya v/s State of Maharashtra, (2001) 5 SCC 453 while elaborating on the rights of an accused, who is in custody, pending investigation and where the investigation is not completed within the period prescribed under Section 167 (2) of Code of Criminal Procedure, 1973 held that on the expiry of said period of 90 days or 60 days, as the case may be, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the Investigating Agency in the completion of the investigation within the period prescribed and the accused is entitled to be released on bail, if he is prepared to and furnish the bail, as directed by the Magistrate.

Investigation is mandatory for granting bail in magistrate court.

Hope this solves your query!


Regards
Vrinda Malik

1 Like

Gagandeep Goel (Advocate)     03 May 2022

In the anticipatory bail applications, the local courts generally issues notice to the state counsel and seeks the opinion of the investigating of/ficer regarding the status of the case and why the custodial interrogation is necessary.

Though the process of issuing notice is not mandatory but it is routinely followed and the authority cannot be challenged.

The case under section 420, 409 and other provision of IPC are considered to be Economic offences and considered on it their own merit. The best defence is to prove yourself innocent rather than waiting for the trial to prove the presumption of innocence.

 

Regards

Gagandeep Goel, Adv

987 220 6969, 88173 00001.

masterlegalwork@gmail.com

1 Like

Ms_Roz   03 May 2022

I must thank all of the Advocates,  who took the time and showed concern in the above matter. The status update in the case is. the written argument had been filed and the bail has been granted to the accused (falsely framed)


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