The High Court in respect of one accused, while issuing bail order, prescribed condition to appear before the Investigation Officer once in every month till end of trial. But, in the same case the lower courts in respect of remaining accused (even prime accused) granted bail order till filing of charge sheet. Now, the charge sheets was filed by the Investigating Officers in the lower courts and the remaining other accused stopped appearing before IOs. But the High Court is not relaxing the condition, given in its bail order. What is the actual Rule position. I feel, once after filing the charge sheet, the control of the accused is transferred to Judicial Control of concerned Magistrate. Please advise me actual rule position
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The bail is granted by the courts subject to certain conditions and they have to be honoured by the accused otherwise the bail can be cancelled. Once the person surrenders or is arrested and sent to jail he is in judicial custody. And after getting bail he is out subject to those conditions. Bail is a discretion of the court.
Regards
Dear Sir,
The High Court uses words very consciously thus words used are “to appear before the Investigation Officer once in every month till end of trial”. Such word “trial” indicates the accused to appear before the IO till trial ends and not before. Such condition shall be in force until modified. Such lapse if any on the part accused may taken seriously.
File appeal against HC order
once charge sheet is filed you don’t have to appear before IO
Respected sir ...
there are provisions in the law that judgement/order of the senior court is always bindings on the lower court ...and high court is much more superior then the judicial magistrate ...his judgement will always be binding on the lower court....you can make an application to high court for giving relaxation in such condition ...and the bail order of the JMIC will remain same on the rest of accused as it is prescribed ....
Thank you
The condition for appearing before the IO will be till filing Charge Sheet Only. Once Charge Sheet filed it means enter investigation in the matter is completed. But the Hon'ble High Court being a constitutional court can impose any condition as it deem fit and proper of particular circumstances of the case at the time of granting bail. But such condition has to relaxed under the circumstances of completing enter investigation and filing charge sheet. The petitioner can attempt again before the Hon'ble High Court or has to challenge the same refusal order before the Hon'ble Supreme Court.
Yes once the charge sheet is filed the matter will be looked by concerned magistrate. But a magistrate court has to oblilize the orders of the Hon'ble High Court and shall not interfere in the orders of Hon'ble Court.
High court will relax the condition if you imform that charge sheet is filed and investigation is over. There is no point of attendance after investigation is over. You can also point that other accused stopped attendance. It will definitely relax
See as per the condition if the chargesheet is filed then miscellaneous application can be filed before the high court to relax the condition to appear before IO if high court deems fit it can relax the condition as per the case.
1. The condition imposed by the high court while granting bail can only be relaxed or waived by high court only.
2. Now if the accused person is not complying with the conditions of bail their bail can be rejected if applied for.
3. The submission of charge sheet does not relax the condition automatically .
4. After submission of charge sheet the high court is to relax the condition of bail.
After filing chargesheet you don't need to appear before Investigation officer.
1. No, that is not right.
2. if the HC has granted the bail then only the HC can modify the conditions imposed in the bail.
File an application for modification of the order and if the same is rejected by the HC then you may come to the SC.
Regards
Now the role of police is over and you are subject to judicial custody if arrested for any reason. File review/modification application of HC order. Or appeal against the order iN SC.
Have you applied for relaxation of condition before high court which granted bail to that particular accused, without applying for relaxation of the condition how do you think that the high court will automatically cancel the condition or relax the same.
You may apply for relaxation of condition based on the conditions relaxed by lower or trial court, which will be considered by high court.
Dear
If the application made before the high court. The high court is not relaxing the condition you should file appeal against the order in supreme court.
No JMIC will dare to modify the condition imposed by High court even if the control shifted to Judicial Magistrate.
You should make a fresh application in High court after filing of charge sheet for relaxation of condition imposed
