PRIVIOUS BAIL AND CHARGESHEET

Querist : Anonymous (Querist) 14 December 2010 This query is : Resolved
IF AN ACCUSED WAS GRANTED BAIL IN CASE OF 324 AS IN FIR AND AFTER ONE YEAR THE CHARGE SHEET WAS SUBMITTED AND SECTION 307 WAS ADDED . NOW THE ACCUSED HAS TO TAKE FRESH BAIL OR HE WILL REMAIN IN PREVIOUS BAIL. PLS GIVE CITATION IF THE ACCUSED WILL REMAIN IN PREVIOUS BAIL.

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adv. rajeev ( rajoo ) (Expert) 15 December 2010
No. for the offence 307 he has to take fresh bail.

Arvind Singh Chauhan (Expert) 15 December 2010
Though it has been a practice to ask fresh bail. But go through the following judgment with very reasoned explanation. Try these also in your support.

If the bail has been granted in one crime No. But offence is enhanced- No fresh bail application or bail bonds required- JIR-2003-Page-202- Devi Prasad V/S UP.-ALL HC.

Bail granted under Sec 323, 504, 506 IPC- Later section 307 enhanced in charge sheet – even session trial, accused can be permitted by magistrate to continue on same bail subject to fresh bail bonds- Raj Kumar V/S State of U.P.- ALL-ACC-2005(51)-133.

Accused already on bail under 325,504- subsequent addition of Sc. St. Act sections – direction to file fresh bail bonds without him being taken in to custody-A.C.C.-2005-Vol-52-All-400.