Bail after chargesheet filled

of course bail is given after chargesheet is filed. but that bail is not anticipatory bail. you have to apply for bail freshly. take the case of salman khan car accident. he is given bail after chargesheet is filed.

 

section 436 of crpc elarly used the phrase " appear or is brought before a court". i think this means after filing chargesheet.

 

also filing chargesheet means end of investigation. well why don't you get a bail ?

SIR,

KINDLY NOTE THAT

1. YOU HAVE MENTIONED THAT INSPITE OF COURT SUMMONS YOU NEVER ATTENDED COURT .AND POLICE FILED A CHARGE SHEET AFTER TWO YEARS.

2. YOU MAY NOTE THAT AS PER PROCEDURE OF CRIMINAL COURTS , ONCE CR.CASE IS FILED ,ACCUSED CAN APPEAR IN COURT AND APPLY FOR BAIL AND FURNISH SURETY DOCUMENTS.

3. BUT YOU NEVER APPEARED BEFORE COURT HENCE THERE ARE CHANCES THAT COURT MUST HAVE ISSUED WARRANT AGAINST YOU.

4. AS PERIOD OF ABSENCE IS QUITE LONG COURT MAY OR MAY NOT CANCELL WARRANT ON FIRST HEARING . hENCE THE ANTICIPATORY BAIL APPLICATION WHICH IS PENDING BEFORE HIGH COURT , YOU JUST FINISH IT AND TRY TO GET ORDER FROM HIGH COURT MENTIONING ALL FACTS.

5. IF ANTICIPATORY BAIL IS GRANTED POLICE ARE ORDERED , IN CASE OF ARREST ACCUSED BE RELEASED ON BAIL.

6. YOU HAVE ANOTHER OPTION TO SURRENDER BEFORE THE COURT WHERE CASE IS FILED AND APPLY FOR REGULAR BAIL, BUT AS CHANCES OF WARRANT ARE THERE , COURT MAY IMPOSE FINE FOR CANCELLATION OF WARRANT AND MAY OR MAY  NOT CANCELL WARRANT IMMEDIATELY PLEASE NOTE.

GOOD LUCK.

N.B.SAWANT.M.COM.LL.B.ADVOCATE HIGH COURT.

Thanks a lot for your reply Mr. Arix and Mr. Nandhakumar Sir's.

1. Actually I have applied bail in January this year and the application is pending at the high court. Meanwhile (Mid of April) chargesheet has been filled. So my lawyer still hanging the AB application as it is applied earlier than chragesheet filled and hope he will get bail soon. As per your comment, I understand he has to withdraw the AB and has to apply regular bail when I surrender infront of the court. Am I right?

2. Is it any possible to reject my regular bail when I surrender in front of judge? I am asking this because i have not cought by police for 2 years and staying away from my hometown. I am ready to prvoide bond or any commitemnt to cooperate for future investigations managing by court, not by police. I think the police got a warrent when they started the investigation itself. May be the warrent is void now as the chargesheet filled?

Your lawyer is absolutely right. He knows what he is doing...under what sections u r been charged..u cannot get charge sheet from police station appear in court and instead now you csn file for regular bail..