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Bail process after police files final report
20-Jul-2023 (In Criminal Law)
In 498A case, I got the regular bail. After investigation police filed the final report but court rejected it summoned all 4 accused. Now three of the relatives have to apply for bail.
1. Do they need to appear in court for bail or only lawyer can do it as final report is filed in court. As it is safe that in case bail is rejected we can move directly to higher court without going to jail.
2. Can they file for bail directly in High Court or it must be there in trail court only as I dont have faith in lower judiciary. ?
You will personally have to appear in the lower court, surrender and then seek bail. If the bail is rejected, you will have to go to jail and then come to High Court, you can't approach the High Court directly.
The other option that you have is, challenge the summoning order in the High Court and get some favourable order.
The other option that you have is, challenge the summoning order in the High Court and get some favourable order.
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Adv. Imran Ibrahim
Allahabad | 100+ Answers
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What is Section 2h of CrPC?
According to section 2.h) of the Criminal Procedure Code, 1973, "investigation" includes all proceedings conducted under this Code by a policeman or any other person (other that a magistrate) who has been authorised in this regard by a magistrate.
What is report under section 202 of CrPC?
The Court explained that, after the court has taken cognizance, the Magistrate can request an investigation under Section 202. This section is designed to determine whether the accused person is guilty of the crime and to avoid issuing a process for a false or malicious complaint.
It would be better, if you first file a petition in the High Court for quashing of the summoning order by filing a revision petition or an application under section 482 CrPC. High Court might stay the proceedings of the lower court and in the worst case if there would be no merit in your mater then the High Court will issue a direction to consider your bail application expeditiously in the light of supreme Court decisions. The benefit would be that till your regular bail is decided you will be granted interim bail by the lower court.
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Adv. Suyash Gupta
Lucknow | 25+ Answers
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Have they been arrested or is it just a summoning order. In case of a summoning order you can challenge the same in the High Court if none of the accused has been arrested till date. A bail application will be filed only if the accused have been arrested.
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Adv. Nitin Chopra
Allahabad | 200+ Answers
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