• About Us
  • Privacy Policy
  • Terms of use
  • Contact Us
Monday, January 25, 2021
Law Trend
  • google-play
  • apple-store
  • Login
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
No Result
View All Result

Accused Should be Informed About the Filing of Charge Sheet, Especially When Accused is on Bail

by Law Trend
January 12, 2021
in Court Updates, Trending Stories
3 min read
Chhattisgarh HC
520
SHARES
1.5k
VIEWS
Share on FacebookShare on TwitterShare via WhatsappShare via EmailPinterest

On 4th January, the Chhattisgarh High Court ruled that the investigating officer(IO) should inform the accused about the charge sheet’s filing, especially when the accused is out on bail. The Court observed that Criminal Courts should refrain from issuing bailable warrants of arrest at the first instance.

The observations were made when the Court was hearing a plea challenging the validity of Additional Sessions Court’s order affirming Magistrate’s order denying bail to the accused.

Background:-

An FIR u/s 509 of IPC, 6 and 4 of Indecent Representation Of Women Prohibition Act r/w Section 67,72 and 66(3) of IT Act was registered by the police against the petitioner on 18th January 2013.

Since all the offences were bailable, the petitioner was released on a personal bond on 19.01.2013.

According to the petitioner, the jurisdictional police did not intimate him about filing the charge sheet on 28.03.2014. After the filing, the court straightaway issued a non-bailable warrant against him, and he was arrested.

When the petitioner was produced before the Magistrate on 10.01.2014, he was sent to the Central Jail. Immediately after that, the petitioner submitted an application for bail u/s 437 CrPc, which was taken on record on the same day and was listed for the next date of hearing, i.e. 11th April.

On the next date of hearing, the Court rejected the bail application by stating that prima facie, offence u/s 67A of IT Act is made out which is a non-bailable offence. 

Case Before the High Court

The High Court observed that criminal courts should not issue non-bailable warrants at the first instance to secure the accused’s attendance, and the Supreme Court has deprecated the same.

Hon’ble High Court placed reliance on Inder Mohan Goswami & Anr vs State of Uttarakhand & Ors where the Court held that non-bailable warrants hamper the accused’s liberty Courts should be cautious when issuing non-bailable warrants.

Reliance was also placed on Pradeep Ram vs the state of Jharkhand where the Supreme Court held that since the jurisdictional police released the petitioner, he was already out on bail when he was arrested for a bailable offence, the petitioner is entitled to bail.

While referring to the case at hand, the Bench remarked that the Magistrate’s procedure is unknown to law.

Read Also

  • Non-Bailable Warrant Issued Against LDA VC and Secretary
  • Anticipatory Bail Can be Granted Even After Filing of Charge Sheet: Allahabad HC
  • Can High Court Stay Arrest till Filing of Charge Sheet, After Refusing to Quash FIR? SC
  • Filing of Charge Sheet Does Not Take Away the Right to Default Bail: Allahabad HC
  • Normal Physical Hearing in Subordinate Courts of Uttarakhand From 02 January

Judgement and Directions of the Court:-

Hon’ble High Court set aside the revisional order passed by the Trial Magistrate and made the following directions:-

  • If the accused is out on bail and the charge sheet is to be filed, the IO should inform the accused about the date and place of filing the charge sheet, and submit the proof to the Court when submitting the charge sheet.
  • When the Court receives the charge sheet, it should ensure that the accused was intimated beforehand about filing the charge sheet and should ensure the accused’s presence.
  • Criminal Courts should consider bail applications for a bailable offence on the same day instead of postponing it. All criminal courts should follow these guidelines, concluded the High Court.

Case Details:-

Title: Lala vs State of Chhattisgarh

Case No.: Crl. Misc Petition No. 65 of 2015

Date of Order:04.01.2021

Coram: Hon’ble Justice Sanjay K Agarwal

Tags: bailcharge sheetchhattisgarh high courttrend2

Related Posts

SHIRDI SAI BABA
Trending Stories

All the Counsels have gone to “Shirdi”- Allahabad HC allows adjournment with cost of Rs 3000

January 25, 2021
covid 19
Trending Stories

Provide Exact Vaccination Programme of COVID 19: Allahabad HC to Centre

January 25, 2021
Jharkhand High Court 2
Court Updates

Retrospective application of 10% reservation for EWS is violative of Article 14 and 16

January 25, 2021

POPULAR NEWS

  • advocate sticker fortuner

    Where is the Provision of Using Advocate Sticker on Vehicle?

    5026 shares
    Share 2010 Tweet 1257
  • What is the tenure of protection granted under Anticipatory Bail? :SC 5 Judges

    4806 shares
    Share 1922 Tweet 1201
  • Air Asia Crashes Against Gaurav Taneja; Court Says Airline Suppressed Facts

    4644 shares
    Share 1858 Tweet 1161
  • Husband-Wife Take Oath as High Court Judge

    3247 shares
    Share 1299 Tweet 812
  • Is Using Stickers of ‘‘Advocate’’ on Vehicle legally Allowed?

    3184 shares
    Share 1274 Tweet 796
Law Trend

Rabhyaa Foundation has started this platform on values enshrined in the Preamble of the Constitution of India. The object of this platform is to create informed citizens with recent legal updates, Judgments, Legislations of Parliament and State Legislatures, and views of experts in the field of law, in plain and pointed language, for the intellectual development of citizens.
Our tag line “The Line of Law” guides that this......
Read More

Follow Us On Social Media

Subscribe to our News Letter

Sign Up for weekly newsletter to get the latest news, Updates and amazing offers delivered directly in to your inbox.

Categories

  • Trending Stories
  • Court Updates
  • Columns
  • Bare Acts and Rules
  • Online Internship
  • About Us
  • Privacy Policy
  • Terms of use
  • Contact Us

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

No Result
View All Result
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend – हिन्दी
  • Bare Acts and Rules
    • Central
    • State
      • Uttar Pradesh Acts
      • Uttar Pradesh Rules
      • Uttrakhand
      • DELHI
  • Webinar/Videos
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
  • Android App
  • IOS APP

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In