Apply for Bail 437 or file Discharge petition S.227 crpc

Kumar Krishan Agarwal Advocate (Querist) 24 May 2011 This query is : Resolved
Dear Sir,

I Got a false FIR registered 135/138 of Electricity Act on my name.

1. I may first have to apply for a Bail application under Sec 437 (2)
or
I may first have to directly file a discharge petition under S.227 before court of session to dismissed this false FIR case.

2. I am alone in me at my home and no near and dear relative with me besides my some friends but on the bail matter for getting surety from my friends they all are stepping aside and not ready to give surety to me.

I am afraid whether to proceed my Bail application or not as if the judge impose two sureties then on the same day if I cannot fill sureties form I will have to sent into Jail. I already took 3-4 adjournments on my Bail application.

3. Is there any way to get out this difficult situation ?

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Devajyoti Barman (Expert) 24 May 2011
Moving the bal application seems to be the right decision.
Arranging two sureties should not have been a difficult task as the professional sureties remain available in the court premises.

After securing the bail, you can go for discharge provided the police submits the charge sheet.

PALNITKAR V.V. (Expert) 24 May 2011
It is not clear whether investigation is complete and charge sheet has been filed. Normally the sessions court will not discharge you if investigation is incomplete. But if the investigation is incomplete and the record shows that the case is false, you may directly go for discharge. Otherwise, it would be wise to furnish bail.

M.Sheik Mohammed Ali (Expert) 25 May 2011
i do agree expert query reply

M/s. Y-not legal services (Expert) 25 May 2011
I have a doubt here.. While you are on outside how the bail petition will be maintainable? I mean bail petition for the accused who is in judicial custody for non bailable offences.

Guest (Expert) 26 May 2011
Agree with Mr. Devajyoti

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