Police have chargesheeted accused after FR
Surata Ram
(Querist) 01 October 2009
This query is : Resolved
In a recent case, Police have submitted a chargesheet on 31 March 2009. Now in Septemeber 2009, police is about to submit a chargesheet for more accused in the same case even after FR. (Before this the prosecution lawyer had applied a revision potition for cognizance of additional accused.) The accused have applied for anticipatory bail. hearing is going on. What would be the position of the PP, the Judge, the counsel of the defence and the prosecution. Which provision of the Cr.PC would help whom?
What is the likely decision in the bail?
What may be the bearing on the case and the other accused who were chargesheeted initially? Kindly elucidate. Regards
Surata Ram
Kiran Kumar
(Expert) 01 October 2009
dear friend, the challan presented by police is an investigation report in fact...charges are to be framed by court keeping in view the facts and circumstances of the case.
m unable to understand how the revision came into picture for summoning additional accused.
if in the process of furhter investigation, new names come in front then the police can not be stopped from filing challan against them.
we are not aware of the actual facts and circumstances of the case, thus a concrete advice can not be given for ur query.
bail is a matter of discretion of court and there is no set formulae for granting concession of bail...however the role attributed, nature of offence etc. are taken into consideration by the court.
all depends upon facts and circumstances of the case.
Guest
(Expert) 01 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE CHARGESHEET AND ADDITIONAL ACCUSED KINDLY NOTE THAT
1.SOMETIMES IT HAPPENS THAT A CERTAIN NUMBER OF ACCUSED ARE NAMED IN ANY F.I.R. SAY 20 ACCUSED.EVEN NAMES ARE GIVEN IN THE F.I.R. BUT ACTUALLY ONLY 13 PERSONS ARE ARRESTED BY POLICE TILL FILING OF THE CHARGE SHEET.AND REMAINING 7 ACCUSED ARE SHOWN AS ABSCONDING.
2.IN THE MEANTIME THE ARRESTED ACCUSED MAY BE RELEASED ON BAIL AND TRIAL MAY BE STARTED AGAINST THE ACCUSED ALREADY ARRESTED.
3.COURT MAY CONDUCT SEPERATE TRIAL FOR ONLY ACCUSED WHO ARE ALREADY ARRESTED AND AGAINST WHOM THE CHARGE SHEET IS ALREADY FILED.
4.AS FAR AS REMAINING ABSCONDING ACCUSED ARE CONCERNED THE INVESTIGATION MAY BE MADE AND CHARGESHEET CAN BE FILED.HENCE THEY CAN APPLY FOR BAIL AND TRIAL WILL BE SEPERATED .PLEASE NOTE
KINDLY SEND DETAILS IN CASE YOU NEED ANY FURTHER HELP
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
Sarvesh Kumar Sharma Advocate
(Expert) 01 October 2009
surta ram ji,
first of all said that the sections are bailable or non bailable?
then further likely decision can be presume.
Sachin Bhatia
(Expert) 01 October 2009
Mr.Sarvesh please read the query carefully. The accused have applied for anticipatory bail, that means the offence in non bailable.
Sachin Bhatia
(Expert) 01 October 2009
Mr. Surata Ram please provide us actual facts and circumstances of the case so that we will give some advice. Granting bail or not is discretion of court.
