• Bail or stay in a case

I was falsely implicated in one of the case for exam impersonation. I got a bail in that case from high court. Now the investigation agency has put up a similar second case chargesheet with crime and charges of same ipc. What should I do?

One of my lawyer is suggesting to take stay first and then appy for merger of case and other lawyer is telling I need to again take bail in second case. 

If I need to take bail, then do you think I would bail for lower court itself. IPC under which case is registered is 419,420,468,467,471 and 120-b. Please suggest the best viable solution
Asked 2 years ago in Criminal Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
if one criminal case is already filed second case on the same facts cannot be filed against you. You should approach the high court for quashing this subsequent proceeding. Charges cannot be divided into parts.

second FIR  is liable to be quashed. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1) you need to take the bail again in the second case too 

2) you can apply for bail before lower court itself 
Ajay Sethi
Advocate, Mumbai
45424 Answers
2669 Consultations

5.0 on 5.0

If there are 2 cases, then you need to get stay on the First/ Second  case and apply for clubbing/ merger of both the cases U/S 219 of Cr.P.C
You should  approach the court stating that the police is filing false cases one after another so as to arrest me and keep in jail without trial and hence consider the first bail be extended to second case also. No need to submit 2 bail application and again submit sureties for 2nd bail etc. 
If the cases are clubbed/merged, then you will save costs and time. so listen to the lawyer who advised you to get a stay in one of the cases and apply for merger of both the cases

Section 219 in The Code Of Criminal Procedure, 1973
219. Three offences of same kind within year may be charged together.
(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860 ) or of any special or local law: Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860 ) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.
Rajgopalan Sripathi
Advocate, Hyderabad
1307 Answers
158 Consultations

5.0 on 5.0

If there has been another case of similar nature booked against you, it is pertinent for you to take bail in this case too or else there are chances for getting remanded by police. 
You can take up the follow up mater of getting the cases merged or joint trial etc after the case is coming up for trial after the charge sheet is filed before court. 
There is no urgency for it now itself. 
T Kalaiselvan
Advocate, Vellore
35601 Answers
385 Consultations

5.0 on 5.0

First case was for impersonation for one person and case is impersonation for other different person but the ipc is same in both chargesheet

Since the offences are same the sections of ipc also shall e same only, what is your doubt about it?
T Kalaiselvan
Advocate, Vellore
35601 Answers
385 Consultations

5.0 on 5.0

Have two FIRs been registered for the same offence? If the answer is yes then apply for bail in the second FIR and then the further recourse can be decided by your lawyer. You may apply for merger or quashing depending on the allegations in the FIR. Unless the FIR is perused threadbare it is impossible to form an opinion.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer