Go to High Court or wait 45 days for chargesheet
My husband (29 years old) has been caught by the police for a crime in which 10 people have been arrested. He is innocent. However his bail plea in magistrate court was rejected (reason: prima facie), and also in sessions court (reason yet to be known). Now in going to the High Court we are afraid of longer drawn processes. In waiting for chargesheet (filed after 90 days, 45 days already over) we are afraid that after 90days the police will simply ask for more investigation time. What is the best option and most effective way of dealing with this problem at this point?
Asked 3 years ago in Criminal Law from Mumbai, Maharashtra
Additional info: My husband got arrested in doing his job for the company he works for. The screw up is related to work he is not responsible for... his colleagues and juniors are concerned with that. This is clearly mentioned in his job profile, and also given in statement by company people.
Asked 3 years ago
1. I am not sure about the merit of the case.
2. You have not mentioned the charges either nor whether his name is mentioned in the FIR OR NOT.
3. If his name is mentioned but charges are not so serious then you can try your luck in high court under section 439 crpc.
4. Compared to lower courts the high court is more lieberal in matters of bail. However the same would depend on the merit of the case and his prima facie involvement in the commission of offence as appearing in the Case Diary.
5. if after 90 days police fails to submit charge sheet then you husband would get bail as a matter of right.
Name is not in FIR. Husband is booked under sections 420, 465, 466, 467, 468, 471, 474, 34, 43 (a) (b) (i) (j), 65, 66. All the above sections have been applied on all 10 accused due to the main accused's involvement in forgery & cyber crime. Charges on main accused are serious.
Asked 3 years ago
first mention the section under which your husband is caught. if for theft then police is bound to file police report within 60 days. if police fails to do so then your husband is entitled to get bail. so first to file bail application before the magistrate court and if rejects then before court of sessions.
if accused in in prison either police custody or judicial custody then he has right to get bail after lapse of 60/90 days.
no appropriate relief would be granted by the high court before filing of charge sheet because generally court not interested in quashing the FIR if there is some grave discrepancies in FIR. so don't waste time and approach for bail right now.
Aslam Babalal Desai vs State Of Maharashtra
Supreme court has held that :- by operation of the proviso to Section 167(2) of the Code, the accused is entitled to bail due to default by the investigating officer in completing the investigation and laying the charge-sheet within the prescribed period of 90/60 days and not on merits.
1. The challenge in the HC to rejection of your husband's bail by the lower courts is not likely to take longer, Most HCs are deciding such bail matters within a week or so. So go to the HC.
2. What the police is going to do tomorrow is not known to anybody. If he does not get bail now it may be even more difficult for him to get it after the chargesheet. This is your opportunity, don't lose it.
3. Any proof of his innocence should be placed before the HC.
1. If the issue for criminal charges have been leveled is not related to his work then he cannot be held guilty for it
2. He has a good chance to succeed in the HC/SC as the case may be. Move the HC by engaging a seasoned lawyer.
1. It seems that your husband's name figured during the interrogation of the other accused, which resulted in his arrest.
2. I maintain that your husband has a good chance to succeed in the HC.
please go ahead and file a bail application in High Court. that is the only way out. you may send me the details of the case through email and i can guide you with the main grounds on which bail shall be granted. the pleadings are important to make out a prima facie case in your favour.
filing bail before high court will be better if there is no specific allegations against your husband, if there is any charge/allegations against your husband then it will be better to wait till the submission of charge sheet.
you may contact over the phone to get best advise after getting my detail from admin.
Advocate, New Delhi
1. You can apply for the bsilnow also,
2. If you fail to get the bail, you can expect it after the completition of 90 days,
3. Police may ask for more time but your bail plea will have stronger grounds stating that tere is nothing against your husband for which the police could not find anyhing within 90 ays.
Tand supportive documents to he lawyer you will engage should be prepared with all the facts in support of his claim of innocense.
The fact that the main accused has already been arrested will offer better chance for your husband's getting bail.