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Determined to get justice (Manager)     19 February 2013

Effect of chargesheet on pending bail application

My Brother's bail application (Sec 498A/34/406) is pending at High court. Judge has said no arrest till next hearinh which is scheduled for a few months later. In the meantime, investigation is to continue. In case the police/IO files the chargesheet before the next hearing date, how will that impact the bail application? (Bro is the husband of the complainant and he is the first named in the FIR). FIR was filed 5 months ago. We are worried the girl and her family will try their best to get the bail application rejected by either saying he is not co-operating with investigations or by getting the charge sheet filed before the next hearing date.



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 2 Replies

ashoksrivastava (scientist)     19 February 2013

Filing of chargesheet means that police investigation is over so police custody is no longer required and you will be under judicial custody after that. Consequently police will be out of picture after it and trial will start.

Determined to get justice (Manager)     20 February 2013

Thanks Ashok. Other relatives have been granted either Anticipatory bail or notice bail, which protects against police arrest. Once charge sheet is filed, do we have to convert the earlier AB/Notice bails int regular bails?


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