No chargesheet yet

The Law presumes the person to be in custody when he moves an application for bail. Unless of course the application is for anticipatory bail. The period of detention is specified in Sec 167 Cr PC.

A charge sheet should normally come about within 90 days from the commencement of the trial. Its absence is not fatal to moving bail application at any time.

advocate. vibharat@gmail.com

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Dear Shalini, 

Understand a few things :-

1. S.167(2) has no application to your case, for 167 the accused has to be in custody during the 60 or 90 days (as the case may be). You were never arrested, and therefore never in custody. It does not apply. 

2. You have to move for anticipatory bail coupled with cancellation of NBWs if any. 

3. Don't blindly rely on any tom d**k and harry. You are an educated lady - read the law yourself or have faith in your counsel. 

I adhere to the reply of Mr. Bhara. Here I would like to add further that, for getting anticipatory bail filing of charge is not of much importance. It is really disappointed that the law does not provide the filing of chargrsheet by police within a specific period but there is  law for taking cognizance of of an offence under Chapter XXXVI of Code of criminal procedure.

Adv Bharat is asbsolutely right.

going aloing with advice by ld sh bharat .  as regards the AB, charge sheet is not mandatroy

thanks all. @Ashish all the victim in this forum must be having lawyers then why this forum is alive ?  Beause everyone need second opinion.

My brother is atlking to his lawyer and came to know that yes chargesheet is not mendatory at the time of bail ( this case is in UP so there is no AB) but at the time of bail grant the judge tells that he does not have the case diary so he forced the police to submit the chargesheet. Since the submission of chargesheet from police might take some time , the accused may be in custody.

Therefore it is always good to have the chargesheet first  before going for bail if we don't want custudy at anycost. Is that true?

Let me repeat to clear my question if chargseheet is submitten, teh chaces of getting bail increases as the judge is having the case diary in his hand. On the other hand the the bail may be granted but custudy must be sure when no chargesheet.

Please help me so that we can approach in the other direction i mean to get teh chragesheet submitted first.

Thanks

Shalini

I agree with Ashish sir.

@ Shalini- Why don't you consult a local lawyer after paying his consultation fees if you have so much distrust in your present lawyer?

Thanks Ramesh. Our current laywer has taken so much money from us and threatening us that its better to give money to the girl. Our lawyer seems to be to the person of girl side.  We have changed the lawyer 2 days back and he seems to be very nice replying all our quesries. ...In the beginning how do you know the lawyer is good? We learnt through the experince, our  laywer was taking money for every small thing he was doing and inspite of that he was threatening us rather than taking tenstion away from us.   Thanks every one.  I hope all the Anish also understand this now. Thanks

Dear Shalini,

As per law, unless a person is not apprehended/arrested and depending on the nature of offence the police custody remand is sought which is of 15 days beyond which it can not be granted by court. Once pcr is over, the accused is sent to Magisterial Custody. Its after the Magisterial Custody the accused can apply for regular bail u.s 439 of Cr P C. depending on the nature of offence, it is discretion of court to grant or not to grant bail.

2nd, if the accused is not arrested at all, then the accused can always prefer anticipatory bail u/s 438 of Cr P C.

3rdly that as per law Sec 167 Cr P C stipulates a mandate within which police has to file charge-sheet. In case of offence punishable with imprisonment upto 10 years the time period granted to file charge-sheet is 60 days. However, in case of offences punishable beyond 10 years and more the time period is 90 days.

As stated above, if police authorities have arrested the accused and the accused is in magisterial Custody, depending on the nature of offence as i stated above, if the police does not file charge-sheet within 60 or 90 days time as per mandate, on the 51st or 91st day the court is duty bound to ask the accused if he is willing to furnish bail and in the event if the accused does so, the court calls report from the Asst Superintend of the concerned Magistrate and records the time of preferring bail application and the non-filing of charge-sheet by police and release the accused forthwith without any delay on furnishing security.

That, mandate u/s 167 (2) Cr P C is very important to be followed by the court. If the charge-sheet is preferred or submitted on 61st or 91st day as the case may be first in time prior to prefering application u/s 167 (2) Cr P C, the mandate does not have effect and the accused will have to prefer application for regular bail.

I hope this explains your querry. In case of any further guidance, feel free to communicate.

Hi,

There has been adoubt which is very simple...

Police will not file chargesheet untill unless all accused in custody... if the accused are absconding and chargesheet is filed....  that means investigation is not complete and chargesheet has no value..

That is why you need Arrest Stay or AB to avoid the custody ... and IO can complete the investigation quoting your AB or arrest stay.

Once the accused in custody his timer of 60/90 for chargesheet days starts.

For the Bail chargesheet is not required... The case dairy is required because that will be the reference for Judge and public prosecutor i.e. 3-7 notice gernally given to the prosecution before final hearing .... and this where intrim-bail is required ... 

If PP says he is ready with the case on the first hearing itself ,,,, even no need for the case diary or 3-7 days notice.

That is where they earn money and you need to pay to him so that he can make the process faster otherwise he will keep objecting the final disposal of bail application