Can bail application be made after the charge-sheet having been submitted? What factors, then are required to be considered for determining the said application?
Shree. ( Advocate.) 21 September 2009
Can bail application be made after the charge-sheet having been submitted? What factors, then are required to be considered for determining the said application?
Yes Bail can be granted after the charge sheet is submitted. Chances of getting bail are bright after the charge sheet is filed as the custody would not be required for the purpose of investigation. Custody for purpose of investigation is one of the main grouned for not granting bail. However in many of the open and shut cases, Henious crimes or chances of tampering with the evidence even after charge sheet bail will not be granted.
Sachin Bhatia (Advocate) 21 September 2009
Yes bail application can be made after the charge-sheet having been submitted. As Mr. Anil Kumar said the Chances of getting bail are bright after the charge sheet is filed . Factors for determining the bail application may varies from case to case.
N.K.Assumi (Advocate) 21 September 2009
Dear Shree Sir, Please refer to section 209 (a) and (b) of the CrPc.
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 21 September 2009
209 (b) CAN B A MATTER WHICH HAS TI SATIFY BY SESSIONS JUDGE IN GRANTING BAIL, THE FACTS AND GROUNDS MUST SUPPORT THE BAIL PLEA UNDER THIS SECTION ,HENCE THE CHANCES OR 50-50.
Here we give you a lowdown on what follows:
Legal experts say that once the chargesheet is filed, the trial can commence. However, there is no particular timeframe for the trial to commence against the accused.
Though both the Constitution of India and the Code of Criminal Procedure mandate a speedy trial, there is no fixed timeframe.
Moreover, even if the court takes a long time to commence the trial against the accused, there is no provision for the accused to seek an acquittal in the case.
Once the chargesheet is filed, a major burden will be off the shoulders of the police and the jail authorities is the extension of remand. Once the chargesheet is filed, the accused will remain in custody and the police authorities will not have to seek extension of his remand. However, the accused can seek bail once the chargesheet is filed.
Once the chargesheet is filed, the next procedure will be for the court to take congisance of the same. The magistrate would then supply copies of the chargesheet to all the accused persons and their lawyers under Section 207 of the Code of Criminal Procedure.
Once the copies are supplied under Section 209 of the CrPC, the magistrate would commit the case to the court of sessions.
After this is complete all relevant documents and property seized will be transferred to the sessions court which will hear the matter. In case of the Mumbai 26/11 case, under the orders of the state government in coordination with the high court and the principal sessions judge a special court will be set up considering the fact that the case is sensitive in nature.
A court could also be set up on the jail premises.
Once the court is seized of the matter, then the judge will issue summons to all the accused. In case any of the accused are on bail, then a summons is issued. However, in the case of the Mumbai case where the accused is in custody, the sessions court will issue a body warrant to jail authorities to produce the accused before the court.
Once the accused appear before the court, then there will be two stages.
Under Section 227, the accused could seek a discharge from the case. In case, the court finds that the charges do not have substance then the accused will be granted bail.
If the material against the accused is found to be satisfactory then the court will order framing of charges under Section 228 of the Cr PC.
The accused will then have to answer to the charges. The accused could then either plead guilty or not guilty.
However even if the accused pleads guilty, s/he cannot be convicted directly without facing trial.
Once this procedure is complete then summons will be issued to the witnesses to appear before the court. After they appear before the court and their statements recorded then the trial in the case would commence under Section 313 of the Cr PC.
PRAKASHCHANDRA MARU (lawyer) 21 September 2009
yes chanses is there for granting the bail after the chargesheet but it depends upon the judge and circumstances of the case to case
Adinath@Avinash Patil (advocate) 22 September 2009
Dear Shree,
Under section 437[2] If it appears to such officer or court at any stage of the investigation,inquiryor trial,as the case may be,that there are not reasonable grounds for believing that the accused has not commited a non bailable offence,but that there are sufficient grounds for further inquiry into hisguilt [the accused shall,subject to to the provision of section 446A and pending such inquiry,be realeased on bail],or at the discreation of such officer or court,on the execution by him of bond without suerities for his appearance as hereinafter provided.
following case law will give you idea.
consideration for bail application in non bailable offence-basic consideration explained in grantig bail
jayendra saraswathi swamigal v/s state of Tamil Nadu.
2005[2] SRJ 25.
2005[1]JT 361.
Sarvesh Kumar Sharma Advocate (Advocacy) 23 September 2009
yes bail application can be made after the charge sheet.
the best bail-point is that the chargesheet has been filed and now there is no investigation is remain .
for the case law i m agree with mr. patil.
PRAKASHCHANDRA MARU (lawyer) 23 September 2009
i gone through the judgemnt which regered by mr patil it is relaly very helpfu ttarget='_blank' rel='nofollow' hrefor thanks
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 05 July 2010
I do agree with the views of my Ld. friends.
paresh pathak (proprietor) 06 February 2011
summons case of private complaint, charge to be framed, complaint filed in 1990, now the prosuction initiated action for framing the charge can accused file discharge or for dismissal for latches, is there any citations for latches and delay by prosecution, when charge framed do accused need to file bail application ?
paresh pathak (proprietor) 06 February 2011
summons case of private complaint, charge to be framed, complaint filed in 1990, now the prosuction initiated action for framing the charge can accused file discharge or for dismissal for latches, is there any citations for latches and delay by prosecution, when charge framed do accused need to file bail application ?
lingraj maradi (advocate) 22 February 2011
Sir,
when the charge sheet filed there is lot of chances to get the bail because there is no need to custody of the accused and the main thing is when the police recoded the all witness statements then that can bemore helpful to creat chage of circumstances
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 22 February 2011
PLS FIND THE REPORTABLE JUDGMENT
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