Pcr under crpc 200
Meghavath M R
(Querist) 03 May 2013
This query is : Resolved
A VIP well known for his social service and fight against corruption has been willfully implicated by the police as a personal revenge under IPC 143, 147, 341 r/w 149. He was not at all connected with the crime and even not aware till he got Court summons. Now, he is enlarged on bail and attending the Court.
Can the innocent VIP lodge a PCR now and what is the procedure?
M.Sheik Mohammed Ali
(Expert) 03 May 2013
where are you from?
you face the case, if you are in chennai call me
i will suggest good lawyer for this case.
Nadeem Qureshi
(Expert) 03 May 2013
Dear Querist
all the sections 143, 147, 149 & 341 of IPC are bailable offence and the accused is liable to get bail as right. as per section 436 of Cr.PC
436.
In what cases bail to be taken.
436. In what cases bail to be taken. (1) When any person other
than a person accused of a non-bailable offence is arrested or
detained without warrant by an officer in charge of a police station,
or appears or is brought before a Court, and is prepared at any time
while in the custody of such officer or at any stage of the proceeding
before such Court to give bail, such person shall be released on bail:
Provided that such officer or Court, if he or it thinks fit, may,
instead of taking bail from such person, discharge him on his
executing a bond without sureties for his appearance as hereinafter
provided:
Provided further that nothing in this section shall be deemed to
affect the provisions of sub-section (3) of section 116 or section
446A1*.
(2) Notwithstanding anything contained in sub-section (1), where
a person has failed to comply with the conditions of the bail-bond as
regards the time and place of attendance, the Court may refuse to
release him on bail, when on a subsequent occasion in the same case he
appears before the Court or is brought in custody and any such refusal
shall be without prejudice to the powers of the Court to call upon any
person bound by such bond to pay the penalty thereof under section 446
Feel Free to Call
Meghavath M R
(Querist) 04 May 2013
My query is;
1. Can the innocent VIP lodge a PCR now and what is the procedure?
2. Should he wait till the judgment that he is innocent?
prabhakar singh
(Expert) 04 May 2013
He should wait till the judgment that he is innocent.
Meghavath M R
(Querist) 04 May 2013
Thanks Mr. Singh & Bhagat.
Can he take early discharge and proceed with PCR?
Rajendra K Goyal
(Expert) 05 May 2013
He may request the court for speedy hearing and afterwords can proceed if acquitted.
