bail application be made after the charge-sheet
Shree.
(Querist) 21 September 2009
This query is : Resolved
Can bail application be made after the charge-sheet having been submitted? What
factors, then are required to be considered for determining the said application?riven
Adinath@Avinash Patil
(Expert) 21 September 2009
Dear Shree,
Under section 437[2] If it appears to such officer or court at any stage of the investigation,inquiryor trial,as the case may be,that there are not reasonable grounds for believing that the accused has not commited a non bailable offence,but that there are sufficient grounds for further inquiry into hisguilt [the accused shall,subject to to the provision of section 446A and pending such inquiry,be realeased on bail],or at the discreation of such officer or court,on the execution by him of bond without suerities for his appearance as hereinafter provided.
following case law will give you idea.
consideration for bail application in non bailable offence-basic consideration explained in grantig bail
jayendra saraswathi swamigal v/s state of Tamil Nadu.
2005[2] SRJ 25.
2005[1]JT 361.
riven
PALNITKAR V.V.
(Expert) 21 September 2009
In fact filing of charge sheet is change in circumstance entitling the accused to file fresh bail application because complete material comes before the court. Usual considerations contemplated u/s 437 Cr.PC in non bailable cases are to be considered. The prime considerations would be seriousness of offence, likelihood of tampering with evidence or absconding of accused, antecedents of accused and so on.riven
Bhumik Dave
(Expert) 22 September 2009
Agreed with Mr. Palnitkarriven
PJANARDHANA REDDY
(Expert) 22 September 2009
an bail application be made after the charge-sheet having been submitted? What factors, then are required to be considered for determining the said application?
21 September 2009, 21:21
[Reply]
ANIL KUMAR MENON
ADVOCATE
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Yes Bail can be granted after the charge sheet is submitted. Chances of getting bail are bright after the charge sheet is filed as the custody would not be required for the purpose of investigation. Custody for purpose of investigation is one of the main grouned for not granting bail. However in many of the open and shut cases, Henious crimes or chances of tampering with the evidence even after charge sheet bail will not be granted.
21 September 2009, 21:33
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Sachin Bhatia
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Yes bail application can be made after the charge-sheet having been submitted. As Mr. Anil Kumar said the Chances of getting bail are bright after the charge sheet is filed . Factors for determining the bail application may varies from case to case.
21 September 2009, 22:22
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N.K.Assumi
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Dear Shree Sir, Please refer to section 209 (a) and (b) of the CrPc.
21 September 2009, 22:50
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PJANARDHANA REDDYI am Online
ADVOCATE&DIRECTOR ,INDUS LAW ASSOCIATES ,210,PADMAVATI PLAZA ,HYDERABAD-500 072,09985133699 [edit]
[ Scorecard : 394]
209 (b) CAN B A MATTER WHICH HAS TI SATIFY BY SESSIONS JUDGE IN GRANTING BAIL, THE FACTS AND GROUNDS MUST SUPPORT THE BAIL PLEA UNDER THIS SECTION ,HENCE THE CHANCES OR 50-50.
21 September 2009, 23:21
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P.SATHYA PRAKASH
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Source: www.rediff.com/news/2009/feb/
Chargsheet is filed, what next?
February 25, 2009 15:48 IST
in the November 26 Mumbai terror attacks [ Images ] was filed on Wednesday afternoon. What next, you may think.
Here we give you a lowdown on what follows:
Legal experts say that once the chargesheet is filed, the trial can commence. However, there is no particular timeframe for the trial to commence against the accused.
Though both the Constitution of India and the Code of Criminal Procedure mandate a speedy trial, there is no fixed timeframe.
Moreover, even if the court takes a long time to commence the trial against the accused, there is no provision for the accused to seek an acquittal in the case.
Once the chargesheet is filed, a major burden will be off the shoulders of the police and the jail authorities is the extension of remand. Once the chargesheet is filed, the accused will remain in custody and the police authorities will not have to seek extension of his remand. However, the accused can seek bail once the chargesheet is filed.
Once the chargesheet is filed, the next procedure will be for the court to take congisance of the same. The magistrate would then supply copies of the chargesheet to all the accused persons and their lawyers under Section 207 of the Code of Criminal Procedure.
Once the copies are supplied under Section 209 of the CrPC, the magistrate would commit the case to the court of sessions.
After this is complete all relevant documents and property seized will be transferred to the sessions court which will hear the matter. In case of the Mumbai 26/11 case, under the orders of the state government in coordination with the high court and the principal sessions judge a special court will be set up considering the fact that the case is sensitive in nature.
A court could also be set up on the jail premises.
Once the court is seized of the matter, then the judge will issue summons to all the accused. In case any of the accused are on bail, then a summons is issued. However, in the case of the Mumbai case where the accused is inriven
PARTHA P BORBORA
(Expert) 22 September 2009
yes a bail application can be made after charge-sheet is submitted, but if the charge sheet is submitted within the statutory period, he may not be allowed bail.riven
