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judgement Anticipatory bail rejected if chargesheet already submitted
05-Jul-2023 (In Criminal Law)
Is there any judgement where in the anticipatory bail is rejected under section 376 when the charge sheet is submitted already.
chargesheet submitted in the absence of the accused it seems. the law is that ordinarily one who is declared a proclaimed offender ought not be given this indulgence. however, the law is also clear that one can prove that he/she didn't have the notice of such proceedings. so, an application u/s 397/482 crpc for setting aside/quashing of the order declaring the proclaimed offender has to be filed simultaneously with application for anticipatory bail in such a matter. I hope it helps. I will advice you to not read so much from the internet, go to some lawyer who has practical experience and who can understand the peculiarity of your case.
Helpful?
There is no point of seeking anticipatory bail in the matter where chargesheet has already been filed. The purpose of anticipatory bail is limited till the time the chargesheet is not filed. After filing of charge sheet, they queues persons have to seek regular bail from the court of law. However, if accuse has filed an application for anticipatory bail, it should be dismissed by the honourable court solely on the basis of non-maintainability.
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Adv. Naman Gupta
Delhi | 100+ Answers
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