about section 41 of cr.p.c.
antim
(Querist) 17 August 2015
This query is : Resolved
Sir, as per section 41 of cr.p.c police left the accused on notice for commission of offence under scheduled castes and the scheduled tribes act -1989 and the case is exclusively triable by special court.
after submission of charge-sheet the court of JMFC has summoned the accuse to appear before him to go on bail and to commit the case to the trial court.
Sir, here I want to know that can the JMFC grant bail to the accuse, though he has not previously on bail by the police or court which is triable by special court, Only he is on notice to bound by the police. And the accuse has the right to go on bail as he has summoned.
SAINATH DEVALLA
(Expert) 17 August 2015
Is the accused on anticipatory bail,but once the chargesheet is submitted under the Act, the accused has to be arrested.Here U R not clear in UR presentation
Rajendra K Goyal
(Expert) 17 August 2015
State clear facts or consult local lawyer.
R.K Nanda
(Expert) 17 August 2015
contact local lawyer.