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Got bail from High Court but extra section added do we need bail again
20-Jan-2023 (In Criminal Law)
We are 4 members in this case /i have arrest stay of two persons crime no.344 ipc 323, 504, 506 , 380, 420 , we all (4) are bail out on the same ipc section, but during investigation police added section 467, 468, 471, 120b, 175 , now matter is this we have arreste stay in crime no . 344/2016 ,in Highcourt order there is clearly mentioned that police can not arrest till the submit the police report, now question is this can police arrest all the 4 member behalf of added section or second question is this police added 467, 468, behalf of photo state of will he don't have original copy of the same will, investigation officer said to me that he has add this section after talking the advice of government advocate can he take advice to government advocate.and Highcourt gave arrest stay on crime number or ipc section?
If you got arrest stay by high court then police cannot arrest any condition either sec increase or less because the arrest orders lia whole investigation
The investigation officer may take legal opinion during investigation and also apply owne mind
The investigation officer may take legal opinion during investigation and also apply owne mind
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Adv. Mahesh Kumar Gupta
Kanpur | 100+ Answers
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You have remedy to get yourself surrender and file bail application or you can also file petition before high Court under section 482 for quashing of charge sheet and could get an interim order. This way you will not have to surrender for getting bail order
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Adv. Aasif Razzaque Khan
Lucknow | 100+ Answers
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For these additional sections you will have to move surrender application before appropriate lower court then the lower call report from the police station concerned for those additional sections. After that you will have to move high court again.
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Adv. Alok Dubey
Allahabad | 25+ Answers
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At the outset i will say that if additional sections are added during investigation and the report has been submitted to the concerned magistrate, then you will have to appear before the court and seek bail for additional sections. alternatively you can approach to the high court challenging the police report and seek quashing as well as bail on added sections. However the clear opinion can be given only after going through all the relevant papers like FIR, High court petition, high court order, police report, case diary etc.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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