Chargesheet Submission in Court and Summoning Stage
18-Oct-2023 (In Criminal Law)
If the Chargesheet is filed in the Court and Summons issued , then what best option is available?
Can Discharge be filed or Bail is to be taken first?
It advisable to apply for bail first.
The application for discharge can be filed only after the charges have been framed by Court. At the submission of Chargesheet, the concerned Court will fix a date for hearing of framing of Charges.
The application for discharge can be filed only after the charges have been framed by Court. At the submission of Chargesheet, the concerned Court will fix a date for hearing of framing of Charges.
Helpful?
24+
Yes first of all that both options will be done u have the choice and all first we have. To see the matter and all what the court says what is the section and all what’s the matter and all u can go for bail or so the court will see the charges and all
Helpful?
25+
You need to go through the charge-sheet first, see if the offences for which you have been booked are based on the Charge sheet or not ? if not, then file discharge and further apply for bail saying that the investigation is complete, therefore no purpose would be solved in detaining me. Though, at this stage you can also file Anticipatory Bail.
Helpful?
17+
In General senario, subsequent to recieving the Court Summons, you are expected to be present in the concerned court on the date of hearing. It is though advisable that a standard bail application be filed before the court on the very same day.
Discharge application can be filed on the subsequent date as well.
However, to seek proper legal advise; facts of the case, details of the summons received etc are of paramount importance.
Discharge application can be filed on the subsequent date as well.
However, to seek proper legal advise; facts of the case, details of the summons received etc are of paramount importance.
Helpful?
12+
It would be imperative to seek Bail and thereafter obtain the certified copy of the Charge Sheet [along with all its exhibits / supporting documents] and thereafter immediately move an application for seeking a discharge.
Helpful?
22+
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