Discharge u/s 239

Querist : Anonymous (Querist) 08 September 2011 This query is : Resolved
On an FIR, accused obtained arrest stay from high court till charge sheet. After charge sheet u/s 420/467/468, the court issued BW . Now I want to know whether accused can file discharge application u/s 239 through advocate without appearing personally and without obtaining bail.

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Raj Kumar Makkad (Expert) 08 September 2011
He has to obtain regular bail firs to move ahead as desired.

prabhakar singh (Expert) 09 September 2011
NO he can not. he need to do what has been advised by Mr. Makkad.

Guest (Expert) 09 September 2011
I agree with the views of ecperts.

PARTHA P BORBORA (Expert) 09 September 2011
you have to appear first before the trial court, receive the copy of the case and there after you may argue for discharge at the time of framing of charge.

adv. rajeev ( rajoo ) (Expert) 09 September 2011
First he has to take the bail and only after filing the charge sheet he can file an application for discharge.

Guest (Expert) 09 September 2011
though bailable warrant has been issued. you can appear along with sureties, the JM may release on bail. if you doubt better get anticipatory bail and then appear before the magistrate and get copies and then file discharge petition. But in your case it is based upon documents. No discharge possible. you have to face trail on merits.

Raj Kumar Makkad (Expert) 09 September 2011
Expert Prabhakar Singh ji! Can you please cite the provision of Cr. P. C. or any case law in support of your reply?

prabhakar singh (Expert) 09 September 2011
i simply supported your view,do you feel now some wrong with your view,Mr.Makkad!

The first part "NO he can not"relate to negate what questioner desires,without seeking even bail in case that you advised him hence i said"he needs to do what has been advised by Mr. Makkad" !!

SAANJAAY GUPTAA (Expert) 09 September 2011
No you can not move petition u/s 239 before taking bail, once you granted bail can move discharge petition.

girish shringi (Expert) 11 September 2011
tRUE TO THE FACT,THE EXPERTS SUGGESTED.

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