Getting bail
Dhara
(Querist) 24 October 2011
This query is : Resolved
if chargesheet is filed can a person who is in jc from aug 12 can file bail appn in magistrate court. he has filed bail appn before chargesheet in magistrate court and session court both r rejected pl guide and how many days it will take in high court for coming hearing in high court. how much expenses we have to bear i am working in bank can i give surety to my husband
Devajyoti Barman
(Expert) 24 October 2011
If charge sheet is submitted then the accused person may pray for bail u/s 437 crpc.
If it is rejected then u/s 439 crpc in the higher court.
Ajay Bansal
(Expert) 25 October 2011
A total custody of atleast 6 months is mandatory to file an application u/s 437 Cr.P.C, otherwise it is better to go to High Court.
prabhakar singh
(Expert) 25 October 2011
After a long time Mr. Bansal has spoken you with clarity.
Devajyoti Barman
(Expert) 25 October 2011
Dear Mr Bansal I fail to understand under which provision of law the accused can pray for bail u/s 437 crpc only after 6 months of custody.At least at this part of India no such law is applicable.
Please enlighten us.
Shonee Kapoor
(Expert) 25 October 2011
And also, it depends on facts of the case, whether the bail would be granted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arun Kumar Bhagat
(Expert) 25 October 2011
If chargesheet is filed can a person who is in jc from aug 12 can file bail appn in magistrate court?
Ans: Yes , he can.Bail application is nowhere debarred.
He has filed bail appn before chargesheet in magistrate court and session court both r rejected pl guide and how many days it will take in high court for coming hearing in high court.
Ans: It depends upon workload of different High Court. No fixed time. I am practicing in Calcutta High Court, I can say generally it takes 5 to 10 days.
How much expenses we have to bear i am working in bank can i give surety to my husband?
Ans: It depends upon the lawyers fees. Yes you can give surety if court considers it worthwhile.
Now regarding Mr. Bansal's question put by Mr. Barman ?
Ans: Though I am not supposed as well as not debarred to give answer, I hope Mr.Bansal wants to say that after two months from the date of evidence as prescribed u/s 437(6) Cr. P.Code if trial is not concluded then the accused shall be entitled to get bail.
Sailesh Kumar Shah
(Expert) 25 October 2011
Shri Arun Kumar Bhagat has left no room to add more.
