F.I.R. and Chargesheet

Pranay (Querist) 07 May 2011 This query is : Resolved
Sir, My question is what will happen when a person gets bail in a bailable offence from court because FIR is in bailable section, but police summits chargesheet in non-bailable offences. Will accused have to surrender and get fresh bail or will he continue to enjoy the the previledge of bail?
Please provide case law and details.
Thanks.

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PARTHA P BORBORA (Expert) 07 May 2011
The accused remains on his previour bail. after submission of the charge sheet ( NO MATTER IT IS BAILABLE OR NON BAILABLE OFFENCE) AND IF THE ACCUSED IS ALREADY ON BAIL, COURT WILL SIMPLY ISSUE SUMMONS TO THE ACCUSED. IF THE ACCUSED FAILED TO APPEAR ON THE DATE FIXED AFTER RECEIVING OF SUMMONS, COURT WILL ISSUE A NON BAILABLE WARRENT OF ARREST.

M/s. Y-not legal services (Expert) 07 May 2011
Yes. I agree with the above expert.. That earlier bail is enough to the accused..

Guest (Expert) 07 May 2011
yes i agree with the expert and if the offence is non bailable than it is necessary to apply for the fresh bail but the accused will be released and not arrested by sending the summons

Guest (Expert) 07 May 2011
Agree with parthaprotim borbora .
And thanks.

Advocate Bhartesh goyal (Expert) 08 May 2011
I also agree with experts.

Adv. Vikas Surve (Expert) 08 May 2011
If you are already enlarged on bail in bailable offence and police filed chargesheet in nonbailable offence, you no need to worry for this because you already on bail.

Sarvesh Kumar Sharma Advocate (Expert) 08 May 2011
hello,
dear friend offcourse you need to worry !
you get the bail from the court in bailable matter,where bail is accused's right, not in non-bailable matter where bail decided on the ground of merit!
so, when ever chargesheet will submmit before the court & court will issue notice to you then you will surrender before the court then court will decide your bail.

Sarvesh Kumar Sharma Advocate (Expert) 08 May 2011
A person can continue enjoy the previledge of bail if he get bail in non-bailable case and in the chargesheet additional non-bailable matter comes!

james (Expert) 08 May 2011
Normally courts will not interfere.No further bail is necessery.But the non bailable offence is a grave one courts may ask for bail.Eg. bail grated for 324 subsequently 302 0r 307 etc added to the charge

Arun Kumar Bhagat (Expert) 14 May 2011
You shall have to seek fresh bail.

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