Bail application
tapan
(Querist) 21 June 2014
This query is : Resolved
Bail application filed under crpc 439. Ipc 376.charge sheet has been filed. No medical report attached with charge sheet. During hearing of bail application this point was raised. Police in replied told that it have conducted medical examinatoon of victim. Will submit on adjoured date. ...can police submit medical report directly before sessions judge ?? Or nt...kindly help me ... I am from accused side... As undr crpc 173 medical report to be attached with closeur reportt/chargesheet/challan .... Any supportive authority to this case
Devajyoti Barman
(Expert) 21 June 2014
The medical report may not be part of CS and it is not fatal as long as the same is part of CD.
Even PM is not attached with CS but relied up by the prosecution at the the time of bail petition hearing or during trial.
Raj Kumar Makkad
(Expert) 22 June 2014
Go through section 173(8) of Criminal Procedure code which empowers the prosecution to produce additional document/evidence before trial Court at any stage of the trial, which is reproduced as under:
(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2).
