1 An FIR was filed against me u/s 498A,406,506 in July 2023 by the police against my wife's complaint against me(Complaint and FIR were filed by my wife at her parent's city in Haryana) and i had complied with all the section 41A CrPC notices issued by the I/O 2 I had applied for Anticipatory Bail in ADJ court on 15th November 2023 to avoid any kind of arrest but as per my LAWYER (I don't know whether it is legally correct or he is lying ) Court asked him to withdraw the Anticipatory Bail application u/s 438 CrPC and asked I/O(Investigative Officer) to follow SC's judgement of Arnesh Kumar vs State of Bihar "In its letter and spirit." 3 Basis above ADJ's court's judgement, I/O arrested me on 18/11/2023 and immediately within 15 minutes had given me temporary bail or police bail. 4 Now for the last approx. 2 months I/O is insisting me to physically appear before the JIMC/Magistrate court to file a Challan/Chargesheet and today on 26/03/2024 he has issued me one notice without mentioning any section of CrPC, he is saying the court or his staff is insisting my appearance along with a challan/chargesheet probably u/s 170 CrPC and then telling to apply for the regular bail with the magistrate court. 5 Whether JIMC/Magistrate can insist physical appearance of the accused along with challan/Chargesheet in order to take cognizance of the challan/chargesheet in light of the Supreme Court's judgement of Siddharth Kumar versus Government of Uttar Pradesh & Anr,2021 6 I am already on police bail/Temporary bail whether the Supreme Court's judgement of Siddharth Kumar versus Government of Uttar Pradesh & Anr,2021 will be applicable to me. 5 Whether AJD(Additional District & Sessions Judge court) can ask the petitioner's lawyer to withdraw the Anticipatory Bail which my Lawyer is saying to me and i am not able to digest the same and think my lawyer is lying to me. 7 Can I avoid going to the Magistrate court on 28/03/2024 since as per notice received on 26/03/2024 from I/O he is asking me to appear before the Magistrate court on 28/03/2024 and apply for the Regular Bail but his Notice does not have mentioning of any CrPC section into it. 8 Do I have any other remedy available with me as per law and any of the Supreme Court or Punjab & Haryana Hight Court? 9 Please guide me in applying the quashing petition u/s 482 CrPC against the above FIR or Chargeshhet/Challan and can i ask for a stay order in the proceedings of the lower court/Magistrate Court? 10 One FIR also had been filed against my in-laws by me through the Police in August 2022 for physical assault against me and head injury, Can I take advantage of this FIR/(Case pending in CJM court) to take Regular Bail from Magistrate court and to quash the FIR/Chargesheet in High Court u/s 482 CrPC This physical assault and head injury was done to me by my in-laws inside women police station.
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Lawyers are available now to answer your questions.
The charge sheet has been filed and the court has taken cognizance of the charge sheet and issued a summoning order to all the accused. Now the case is being heard and hence you have to present yourself before the magistrate. There is no escaping that.
If the anticipatory bail was withdrawn then too you may again file the anticipatory bail application before the DJ court as there are chances that you may be arrested.
1. Appear before the magistrate (JMIC) court on 28.03.24 to avoid any legal complications,
2. on 28.03.24 you will get the copy of challan, go through the same carefully and extract your grounds to prove you innocent,
3. if you have valid and legal grounds you can go for QUASHING else face trial
4. forget about the anticipatory bail,
5. if you loose trust on your lawyer think about change him/her
Presence is not necessary of the accused during filing of charge sheet. The copy of the chargesheet can be accepted by the advocate
When charge sheet is filed you have to appear before trial court and apply for regular bail
2) quashing is to be done only in exceptional circumstances
3) better option is to file for discharge in trial court
4) you can take the plea that 498 A case is filed as counter to the case filed by you
1. Once you have got police bail , you will have to get it confirmed by applying for regular bail in which case your surrender before court in person is necessary.
2. Thereafter, if the charge sheet is submitted then you can try your luck in quashing.
3. Regular baulk in this type of cases are routine routine affairs.
1) The charge sheet against me in FIR filed u/s 498A,406,506 is yet to be filed or has not been filed yet and that's why please answer me correctly and point-wise as per my earlier questions asked since i have received answers from two different lawyers and they are not reading my question properly and assuming Charge Sheet has already bee filed and replIed accordingly. 2) Further, whether I/O can issue me notice(Notice was issued by him on 26/03/2024) without mentioning any CrPC section name and to come and appear in Magistrate court on 28/03/2024 since he is saying the charge sheet cannot be submitted without my physical and personal appearance in Magistrate court but whether this is not a violation of Supreme Courts judgement in case of Siddharth Versus State of Uttar Pradesh & Anr,2021 3) Also, advise whether i can i give surety for myself(accused) since i have RC's(Registration Certificate) for my motorcycle and Car or surety can be given by other people only, for example by my family members. 4) Whether one of my family members can show his/her property papers as a surety in Magistrate Court in more than one case or for more than one accused since one of my family members has already given surety to my another family member in a different criminal case and that case has now been closed in my family members favour. 5) What can be the amount of surety so that I can arrange the same in advance and whether Fixed Deposit can work as a surety in the absence of property and RC of the vehicle? 6) Whether the court will give me Regular bail without any problem u/s 498A, 406, 506 of CrPC and what documents are needed for Regular bail both for the accused and Surer? 7) Whether i can go abroad for work, tourist or education purposes till the disposal of the case in TRIAL COURT 8) What my stand should be against dowry items in Trial Court proceedings 9) Whether discharge application is a good option before going for Quashing of FIR u/s 482 CrPC
I have read your question and clearly stated that when charge sheet is filed you should appear before trial court and apply for regular bail
2) SC has held refusal by criminal Courts either through the learned Magistrate or through their office staff to accept the charge-sheet without production of the accused persons is not justified by any provision of law. Therefore, it should be impressed upon all the Courts that they should accept the charge-sheet whenever it is produced by the police with any endorsement to be made on the charge-sheet by the staff or the Magistrate pertaining to any omission or requirement in the charge-sheet.
3)The word “custody” appearing in Section 170 of the Cr.P.C. does not contemplate either police or judicial custody but it merely connotes the presentation of the accused by the Investigating Officer before the court while filing the chargesheet.
4) in response to your second query it does appear letter from IO is contrary to SC judgement
5)any person who is willing to take responsibility for the accused can act as a surety. It can be a family member, friend, or any individual willing to vouch for the accused's appearance in court
6) person can stand surety to more than one accused person, but he needs to make a declaration regarding this before the Court.
7) Courts insists production of property documents. Sometimes, in lieu of the same, Courts demand production of RC books of two-wheelers, four-wheelers, etc.
8)some times an accused, who is an utter stranger to the area or he has no friends or relatives in the area or he could not secure a person to stand as surety can offer cash surety. The Court can accept cash surety, instead of personal surety. But the Court cannot demand personal surety, property surety and cash surety, at a time. It is not cumulative. It is alternative.
9) you can go abroad for work purposes or education if no conditions are imposed by court while granting bail
otherwise you need court permission to travel abroad
10) fixed deposit can work as surety
11) discharge is good option
Yes io can give to notice to be present. You can go abroad if there are no restrictions in bail order or by court. Yea you can try discharge and quashing both
You are let out on temporary or interim bail.
You are required to file an application for regular bail otherwise police can arrest you on expiration of temporary bail validity.
The police have informed you about the summons and asked you to appear before the trial court on the date stipulated.
If you still don't appear then the court may issue non bailable warrant against you.
The police have issued the summons as per court order hence you are required to appear before court on the slated date without fail otherwise the police will recommend before court to permit them to cancel the interim bail and to issue a non bailable warrant against you.
You have to produce surety as per the condition imposed by court which granted you bail.
You cannot be a surety to yourself.
The surety bond amount will be intimated by court at the time of granting bail.
You may have to obtain permission from court to travel abroad during pendency of criminal case against you.
Once the charge sheet is filed you may decide about filing quash petition.
- As per law, you have right to seek bail ,and the court cannot dictate to withdraw the anticipatory bail application on any ground.
- However, as you have granted bail from the I.O. then you should appear before the court for getting permanent bail i.e. to produce the surety from the court after filing the charge sheet by the I.O.
1. Since, no charge sheet is filed then the court cannot issue notice/summon to you to appear and only after filing the charge sheet your appearance is required
2. The I.O. is wrong , however you should apply for getting bail from the court , so that you may not be harassed by the I.O.
3. Surety must be known person who has control over the accused , and hence your family members or friend can be a surety on your behalf.
4. Yes, they can be surety if they are not appear in the same case on behalf of another accused.
5. Yes, generally it ranges from 10,000/- to 25,000/-
6. Yes, as the I.O. has already admitted the bail
7. Yes
8. You can contact any lawyer for getting more information.
9. No.
