You may file:
1) Anticipatory Bail till the trial
2) Regular Bail till the trial
3) Application under Section 482 for quashing the Chargesheet.
On chargesheet
First ch with 498a/323/504/506/354/377/313/406/427 3/4 dowery act after court taken cognizant and same time accuse moved application for further investigation to ssp of same local place and ssp order for further investigation under provision 173(8) and after few months further investigation report submitted in same court , New report is attached with old report but 2 order sheet are moving. Another fact in new report 2 section are drop 377 and 313. Accused were on intrem bail till the submission of chargesheet. My question 1. What need to be done ,should we go for regular bail ,should we move to high court for quashing as malfunction report.
Asked 9 months ago in Criminal Law
Religion: Hindu
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8 Answers
You can file petition for quashing of FIR and charge sheet in HC
Dear Client,
The police station's in-charge officer may only grant bail if there are no good reasons to suspect that the accused has committed a crime that is not subject to bail or if the alleged offence is not punishable by death or life in prison. Regular bail permits the accused to be freed from custody upon the execution of a bond, either with or without sureties; interim bail, on the other hand, allows the accused to be released from detention for a brief duration while their bail application is pending. For a crime that is not subject to bail, bail may be granted if the accused is a woman or a minor. In cases of non-bailable offences, bail may be granted in the absence of sufficient proof. Bail may be granted if the complainant fails to file a FIR on time. In some situations, a court has the authority to revoke someone's bail. There are two ways that this might occur: either the police, the complainant, or another party who is impacted seeks it, or the court decides to act independently (Suo moto). Initially, a bail application needs to be submitted to the court with jurisdiction over the case by the accused or their representative. The causes for requesting bail as well as the justifications for doing so should be included in the bail application.
Hope this answer proves beneficial to you.
- Since the police report is suspicious and there seems to be collusion with the complainant for lodging the FIR , and hence you can approach the High Court for quashing the FIR
- However, the High court will see other grounds at the time of quashing the FIR
- Further, if you are already on anticipatory bail then there is no requirement of regular bail , and only you can produce the surety before the trial court for continue the bail.
If you strongly believe that ther high court would entertain the quash petition and pass an order in your favor on the basis of supporting substantial documentary evidences and strong arguments of your lawyer, you can proceed with the quash petiton, or you can obtain regular bail and face trial in the trial court itself.
Bail once taken need not be taken for the seconf charge sheet.
Without knowing the merit of the case advice for quashing can not be given.
The accused should move the high court for charge sheet quashing.
Yes you can file a Quahsing petition in HC
