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Dr Ramesh Yadav   02 November 2023

CrPc 173(8) For further and to submit supplementary charge sheet for

The 1st charge sheet submitted by IO U/s forgery and trespass and bail is taken under these offences by the accused. Then I requested further investigation before the trial court Now the supplementary charge sheet is submitted by the Investigating officer by adding further section of IPC for cheating, forgery, conspiracy and trespass.
Please suggest now the accused will request for bail before trial court or session court again.
Or police will Arrest them first for added sections of IPC and then the accused will apply for bail.


Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     03 November 2023

He is already on bail and more over these are supplementary charges, hence he may not be required to apply for bail once again to the same charge sheet/FIR

1 Like

Dr. J C Vashista (Advocate )     03 November 2023

What is your concern and locus standi qua the crime / case ?

1 Like

Dr Ramesh Yadav   03 November 2023

I wanted to know if the charge sheet is the same but more charges are added to the charge sheet/FIR. For these added sections, is it required to take bail.
Before it was a bailable offence but added sections are not bailable.

P. Venu (Advocate)     03 November 2023

Arrest is for the purpose of investigation, it is not a penalty or punishment. Bail is the rule, jail is an exception.

1 Like

T. Kalaiselvan, Advocate (Advocate)     03 November 2023

If he is already enlarged on bail then the addition of some more offences to the same charge sheet may not make any impact, hence he need not go for an additional bail until notified by court.

1 Like

Purnanand Jha (Advocate)     07 November 2023

No fresh application for bail is required..the ealier bail shall be valid since if appellant is considered not to affect ,delete evidences of previous charge shall maintain the bahaviour  and the evidences of new charges shall also be not affected  requiring no further bail in the mentioned case. .

 

1 Like

Purnanand Jha (Advocate)     23 November 2023

hopefully you are on defence side---no fresh bail is required.The uderlying reason of 1st bail shall remain valid.However ,if the new finding indicates any attempt of influencing the evidences-the case shall be altogether different.It has to be checked with revised FR U/S 173(8).


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