Chargesheet has been filed at MM office under section 498A/406 and we plan to apply for discharge. Summons has been issued but we have not been served as yet (we got copy from court website). Summons says that we have to present ourselves on xxxx date with surety and regular bail.
(i) So when do we apply for discharge - before the date of summons or after that?
(ii) We need copies of the evidence/statements/case diaries to file discharge application. Police has said we will get full judicial file when we present ourselves in court i.e on xxxx date.but if we present ourselves, then will trial process be considered as having started?can discharge be applied after that?
(iii) Since Summons has asked us to bring surety and regular bail, do we still need to do all that if we are applying for discharge? Should not that requirement be put on hold till discharge is decided on?
(iv) Do we have to get the regular bail done (in advance, thru separate application) and then go to court or we have to apply for the regular bail that day? (2 persons have Anticipatory bail and 2 have notice bail).
I would appreciate any guidance you can provide in this matter.
Thank you.
