Legal Question in Criminal Law in India

criminal procedure code

Under section 438 of Criminal Procedure Code, bail can be granted even after submitting of chargesheet?


Asked on 6/13/07, 10:05 am

5 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: criminal procedure code

In case you reasonably apprehend arrest in a non-bailable offence.

Read more
Answered on 6/14/07, 1:58 am
Vivek Mapara Mapara Law Firm

Re: criminal procedure code

Anticipatory bail can be filed at any stage on apprehension of your arrest. There is no provision that it should be filed after charge sheet or before or on FIR. If you are apprehending any arrest the you can get anti-bail u/s 438 of CRPC.

Read more
Answered on 6/14/07, 9:07 am
pgshyamsunder rao shyam­am

Re: criminal procedure code

Bail can be granted after filing of charge sheet,there is no impediment for granting bail infact there will no reason for declining bail under s438Crpc

Read more
Answered on 6/13/07, 10:38 am

Re: criminal procedure code

Section 438 cr.p.c. deals with anticipatory bail and the same can be invoked even after filing of charge sheet is filed.There is no such bar that after filing of charge sheet anticipatory bail can not be filed u/s.438 cr.p.c. and if the person is in custody then bail lies u/s.439 cr.p.c.

Read more
Answered on 6/13/07, 12:41 pm
G. M. Gupta gmguptaandassociates

Re: criminal procedure code

438 is for anticipatory bail .. if the circumstances comes in this category then you can apply at any time.

for detailed advice please contact personally with documents. consultation charges will apply.

Read more
Answered on 6/13/07, 3:34 pm


Related Questions & Answers

More Criminal Law questions and answers in India