Charge sheet
drasty shah
(Querist) 03 May 2015
This query is : Resolved
Company had filed FIR against my friend and 2 other in month of December against 408, 420, 467, 477, 120 B, 34. They have been interrogated 30 times by EOW and they are on interim ABA since December uptill 9th June. Now 2 coaccused been arrested by EOW in march.
1) Will EOW file charge sheet till June
2) Will their ABA be confirmed by High Court.
3) Will they need to attain EOW more time. 4) Will their statement be recorded by EOW before filling Chargesheet.
6) Will their property be vacated if their ABA will get rejected or cancelled.
7) Is chargesheet will be for whole case or will be just for co accused.
drasty shah
(Querist) 03 May 2015
Company had filed FIR against my friend and 2 other in month of December against 408, 420, 467, 477, 120 B, 34. They have been interrogated 30 times by EOW and they are on interim ABA since December uptill 9th June. Now 2 coaccused been arrested by EOW in march.
1) Will EOW file charge sheet till June
2) Will their ABA be confirmed by High Court.
3) Will they need to attain EOW more time. 4) Will their statement be recorded by EOW before filling Chargesheet.
6) Will their property be vacated if their ABA will get rejected or cancelled.
7) Is chargesheet will be for whole case or will be just for co accused.
Devajyoti Barman
(Expert) 03 May 2015
1. EOW can only answer this.
2. Most likely but by the lower court not HC.
3.May be.
4.not necessary.
5.No
6. for whole.
drasty shah
(Querist) 03 May 2015
But as co accused didnt get bail so within 90 days they have to file an charge sheet or it is not compulsory as the same are co accused not accused.
Devajyoti Barman
(Expert) 03 May 2015
filing of chargesheet in any time frame is not compulsory. If they do not submit CS then accused will get bail as a matter of right.
drasty shah
(Querist) 04 May 2015
But as per law if accused are in J.C. than on expiry of 90 days they have to file CG or they can file after 2 years also and till that the accused who are on ABA need to visit EOW or there are some restriction.
Raj Kumar Makkad
(Expert) 04 May 2015
The accused has a legal right in that event to get the regular bail by moving an application under section 167 (2) of Criminal Procedure Code.
drasty shah
(Querist) 04 May 2015
Sir but what will be time limit of CG and did the main accused need to visit EOW?
Jeetender Gupta
(Expert) 04 May 2015
If the two accused remain in custody for a period of 90 days, then EOW shd file a chargesheet atleast against these two accused else they might qualify for bail under section 167(2). And for chargesheet EOW shd record statements of accused and carry out other investigations.
drasty shah
(Querist) 04 May 2015
Than Charge Sheet will be only for co accused and not for whole case? But till five month the main accused are only just interrogated and no statement of them have been recorded. is it compulsory that EOW will record statement of main accused before filing of CG? And if so EOW will they do in this month as 90 days expires on 21st June or they will do after that.
Jeetender Gupta
(Expert) 04 May 2015
The time limit for filing chargesheet applies with respect to those who are in custody else they get benefit of bail under 167(2). State can take its own time to file supplementary chargesheet qua the other accused once the investigation is complete against others. State shd be recording statements before filing charge sheet. Statements are not the only aspect. They have to consider witnesses and evidence.
Rajendra K Goyal
(Expert) 04 May 2015
If the chargesheet against the person in JC is not filed in 90 days they can apply for bail.
R.K Nanda
(Expert) 04 May 2015
no more to add.
drasty shah
(Querist) 05 May 2015
But till what time they have to suffer it almost six month the FIR had been registered and almost 30 times interrogation is done. What more time it will take.
Jeetender Gupta
(Expert) 05 May 2015
Till chargesheet is not filed against accused, Police may interrogate multiple times. And if you dont cooperate it may become a ground for cancellation for bail. If the interim bail is till June, the accused must exercise complete restraint & patience, so as to seek extension and confirmation of bail.
drasty shah
(Querist) 05 May 2015
Will their property owned by them will be marked or sealed by Court ? can they auction this property by court? they are regularly attaining EOW as an when called so will their ABA will get confirm? is there anything that there should be whole recovery of money and after that only they will file CG? EOW are pressuring only to surrender and they are saying we will tell court you are not cooperating so will their ABA will be rejected by HC?
Jeetender Gupta
(Expert) 05 May 2015
Criminal court are not recovery courts. They may stay sale of properties but in normal circumstances would not auction properties etc unless accused has agreed to something like that at the time of seeking bail. However, an appropriate opinion can only be provided after examining facts of the case i.e. FIR, bail orders etc. Non cooperation in investigation is a ground for cancellation of bail. Dont give any chance to state to argue that so cooperate with investigation or be prepared to defend it if state alleges non cooperation.
drasty shah
(Querist) 05 May 2015
For states co operation means to surrender and accept the case. And they are just saying this nothing else. So is this can be define as co operation and base for allegation in Court. they had already make stay on property.
T. Kalaiselvan, Advocate
(Expert) 06 May 2015
Well advised by experts, nothing more to add. The author is stretching the thread with repeated queries despite getting best answers.
drasty shah
(Querist) 06 May 2015
Both the co accused got Bail today now what will be strategy now will be for EOW to interrogate main accused and wait till their date of AB? and what step shall be good for accused in this case.
Jeetender Gupta
(Expert) 06 May 2015
Cooperate with investigation by appearing to join investigation as and when asked to.
Guest
(Expert) 06 May 2015
Purely a set of academic queries!
However, if it is a real problem, the queries are premature and not worth answering presently without knowing the exact background of the case. Thes can be answered only by the concerned authorities or your own lawyer as per his perception based on the characteristics and gravity of the case.
However, replies are as follows:
1) Will EOW file charge sheet till June
> Only the EOW or some perfect astrologer can answer?
2) Will their ABA be confirmed by High Court.
> Premature question. Moreover, your own lawyer should be able to tell you based on the nature and severity of the case.
3) Will they need to attain EOW more time.
> Ask your own lawyer.
4) Will their statement be recorded by EOW before filling Chargesheet.
>Only EOW can reply.
6) Will their property be vacated if their ABA will get rejected or cancelled.
> Depends upon the the outcome of the case.
7) Is chargesheet will be for whole case or will be just for co accused.
> Only EOW knows.
drasty shah
(Querist) 10 May 2015
Now in the whole case there are only 1 to 2 witness rest no one is knowing the accused. will their case will be strong or weak. how much will it take approx to start trail as per your experience in this type of cases.
Guest
(Expert) 10 May 2015
Can be strong or weak depending solely on your description of the complete background of the charge, ability of the defence or the prosecution advocate representing strongly or weakly. If unable to give full description of the case, advise your friend to ask such questions to his lawyer only.
drasty shah
(Querist) 10 May 2015
Once their ABA is confirm will court will give specific time for ABA.
Jeetender Gupta
(Expert) 10 May 2015
Pls avoid repetitions for vague enquiry. If anticipatory confirmed it remains till end of trial. If only interim relief is continued, it can be for specific time.
drasty shah
(Querist) 15 May 2015
Sir they have been called last on 8th May after 12th April and EOW is not calling them for any questioning. Sir is this a good or bad sign. will this will create any problem on 9th June till their Interim ABA is valid or state is looking for huge argument for custody?
Jeetender Gupta
(Expert) 15 May 2015
Please email me your Interim ABA order at guptajeetender@gmail. Without going through that, I have nothing more to add. I have already replied in detail most of similar queries above also.
drasty shah
(Querist) 15 May 2015
I Had done the email. kindly go through and let me know as soon as possible.
Sudhir Kumar, Advocate
(Expert) 17 May 2015
you have put a series of questions without intimating facts of the case.
drasty shah
(Querist) 31 May 2015
All the coaccussed who are on bail didnt able to arrange surety is there any chance they may extension of time for submission of surety bond. is there any format for application of same to court.
Sudhir Kumar, Advocate
(Expert) 31 May 2015
you have put a series of questions without intimating facts of the case.
