Submission of statement of witness at the time of bail application
TR Madhavan
(Querist) 30 April 2012
This query is : Resolved
In a private criminal complaint case, certified copy of the FIR was obtained on 15/7/2010 to move anticipatory bail petition. Bail was granted on 23/7/2010 by the court. Charge sheet has not been filed till this date.
Questions are;
As per the records obtained through RTI shows that the investigation officer has recorded statement of witness on 15/7/2010 prior to the bail application. During the arguments of the bail application is it not necessary to place those records at that time before the court?
If not placed what steps do the respondents who had obtained anticipatory bail have to take now?
Please kindly advice.
ajay sethi
(Expert) 30 April 2012
police must not have thought evidence of witness relevant .to the case
wait for charge sheet to be filed
Sankaranarayanan
(Expert) 30 April 2012
yes well said by mr sethi, wait until the charge sheet being filled
adv. rajeev ( rajoo )
(Expert) 30 April 2012
wait for the charge sheet, you need not to produce any evidence at this stage
PARTHA P BORBORA
(Expert) 30 April 2012
it is the duty of police to investigate the case as per law and record the statement of witnesses by maintaing a case dairy. It is not mandatory that court must call for the case dairy before granting bail. Court may allow bail without the case dairy. As ur pre arrest bail is granted it is quite irrelevant that when police recorded the statement or why court had not call for the C. D.
Shonee Kapoor
(Expert) 01 May 2012
I concur with Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
