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?
5 Answers from Attorneys
Re: criminal procedure code
In case you reasonably apprehend arrest in a non-bailable offence.
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.
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
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.
Re: criminal procedure code
438 is for anticipatory bail .. if the circumstances comes in this category then you can apply at any time.
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