Bail
S.D. Singh
(Querist) 15 June 2014
This query is : Resolved
In an FIR u/s 406/420/467/468, the accused obtained bail. But after investigation, I.O. deleted the section 467/468 and 406, but addted the section 409. And the charge sheet submitted u/s 409/420. Trial court took the cognizance and issue summon to accused. Whether accused have to obtain again the bail u/s 409. Whether police can arrest the accused u/s 409 on the ground that accused not obtained bail u/s 409.
Devajyoti Barman
(Expert) 15 June 2014
Yes, he has apply for bail again but there is no question of cuasing his arrest once again.
Rajendra K Goyal
(Expert) 15 June 2014
He should obtain bail again, agree with the expert.
R.K Nanda
(Expert) 16 June 2014
agree with experts.
S.D. Singh
(Querist) 16 June 2014
but if accused do not obtain bail, whether on the date fixed when accused appear , can the trial court take them under judicial custody.
Raj Kumar Makkad
(Expert) 17 June 2014
If subsequently any additional section is imposed upon the accused person, he needs to obtain bail even under that particular section which is nothing but a formality and courts do not go to such an extent as anticipated unless imposed section is very serious.
T. Kalaiselvan, Advocate
(Expert) 18 June 2014
I agree to the views and opinions in this regard expressed by experts, especially to the view of expert Mr. Raj Kumar Makkad that in general situations, the courts do not go to the extent of arresting the accused on first appearance due to addition of another section in the charge sheet.
