• Bail against chargesheet with section420 , 406

Sir,
My father had been arrested for the business cases and by the rivalary and is accused for delivering public property illegally under section406 nd 420.bail has been rejected by the session court.what should i do now? Does chargesheet make ny difference as police is ready to dispatch the chargesheet within few days? Or it will become worse if bail again rejected after producing that chargesheet?
Asked 6 months ago in Criminal Law from kalyani, West Bengal
Religion: Hindu
Hi, When the Bail was rejected in the Session Court, then you have no other option you have to approach the High Court.

2. Suppose if the High Court also rejected the Bail then you have to wait till filling the Charge sheet then again approach the Court for granting regular bail, Normally once the police has  filed the Charge sheet then Court will grant Bail.

3. One thing you must remember granting a  Bail and rejection of Bail is purely discretion of the Court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)if sessions court has rejected bail move Hc for necessary reliefs 

2)generally the police lot of time to complete  investigations  and submit charge sheet

3) there is no guarantee that charge sheet would be filed in couple of days by the police


Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
 Once the chargesheet has been filed, the question of bail has to be considered and decided only with reference to the merits of the case under the provisions relating to grant of bail after filing of the chargesheet

2). Once the chargesheet is filed, the accused is entitled to take up the plea that  no case is made out against him

Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1) under section 209(b) of Cr Pc subject to provisions of code relating to bail magistrate can remand the accused to custody till trial is completed

2) since investigations are completed and charge sheet filed accused can be released on bail 

3)Under section 437[2] If it appears to such officer or court at any stage of the investigation,inquiryor trial,as the case may be,that there are not reasonable grounds for believing that the accused has not commited a non bailable offence,but that there are sufficient grounds for further inquiry into hisguilt [the accused shall,subject to to the provision of section 446A and pending such inquiry,be realeased on bail],or at the discreation of such officer or court,on the execution by him of bond without suerities for his appearance as hereinafter provided.
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
You are not required to wait till the filing of the chargesheet to move the HC for bail. If the HC also rejects the bail then he apply afresh for bail after the filing of chargesheet. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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Grant or refusal of bail is at the discretion of the court. The facts and circumstances of the case will be considered by the court before taking the call.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1. Wait for the charge sheet to be filed by the police,

2. After that file bail petition since there is no need for his staying in the jail for interrogation and also since investigation by police will be over by that time.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1. After filing of charge sheet, bail is expected to be granted,

2. If bail is still not granted, you can immediately approach the higher court.
Krishna Kishore Ganguly
Advocate, Kolkata
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231 Consultations
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1. There is hardly any reason for not granting bail to your father after charge sheet against him is filed by the police after conducting and completing all investigation,

2. he is under trail prisoner and not yet convicted. So, there is no reason for his not getting the bail after charge sheet is filed.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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Does chargesheet make ny difference as police is ready to dispatch the chargesheet within few days? Or it will become worse if bail again rejected after producing that chargesheet?

You can apply for bail from high court after the application was dismissed by the sessions court.  Filing of charge sheet will not make any difference to the grant of bail.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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No police told me that they send the charge sheet asap..now my question is if dn also bail is not grranted can we apply the higher court immediately for bail?

Yes you can approach the sessions court if the bail has been dismissed by the magistrate court instead of applying it before magistrate court once again.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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Sir one more quires is there any possibility of not granting the bail after producing the chargesheet in my case? If yes then after that what should i do?

Once the charge sheet has been filed within stipulated time, there wont be problem to release the accused on bail, if the application for bail is dismissed once again by the magistrate court, you can approach with an application before the sessions court. You can get bail from there.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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