Chargesheet submission Issue – those on anticipatory bail to remain present?

[Anya]

Respected Sir,

My friend’s case in brief is that he and his family were granted anticipatory bail in a 498a etc.case. The AB was also executed (arrest and release) by police. Now after some 1.5 years he got a call from police that he and his family need to be present (no specific date mentioned) in court for submitting the chargesheet. Police is saying all accused must be present then only chargesheet will be accepted by magistrate. Police is saying it is condition put up by magistrate.
My questions are as below:

1. Is it lawful or possible to ask presence of all accused at time of submission of chargesheet in court where no written notice/summons are served upon them?

2. Can only my friend/husband go without his family (as family resides in different city) with police to court so that the chargesheet is accepted by magistrate?

3. If he and his family go with the police for the said submission of chargesheet in court. Will the magistrate just accept chargesheet or also immediately take cognizance of it and provide chargesheet copies to all the accused/commit the case/give 1st date of hearing to them and then also will ask them for to get regular bail immediately or will send to judicial custody if no surety/zamin is present with them at that time. Sir please explain the procedure in a bit detail.

4. What is the risk? Whether they should go to court or not on say of police? What precautions they should take? What are consequences of not going?

Please sir provide concrete solution to this problem. Eagerly Awaiting Response. Sir thank you very much in advance.

[Dr. Ashok Dhamija]

Yes, it is legally permissible for police to ask for presence of all accused persons, who are being charge sheeted, to remain present in the court at the time of filing of charge sheet. This is generally to enable the court to take cognizance. Though police would generally issue a written advice to remain present in court and take signature as acknowledgement, it is advisable to comply with their oral information also for remaining present in court.

One of the main conditions of the bail bond (whether in regular bail or anticipatory bail) is that the accused will remain present in court, etc., whenever asked to remain present. So, you should remain present in court if asked to do so.

All accused persons are required to remain present in court on the given date(s), unless some accused person has been given exemption from appearance for a specific date or generally exempted by court. If an accused person does not remain present, without exemption being granted, it may lead to a warrant being issued against him.

Usually, copies of charge sheet (along with relevant documents) are provided to the accused persons on the first date in court. The court may also take cognizance on that date. The court may ask for a fresh bail bond, with or without sureties. So, it is better to go with the surety.

I have already explained the risk for absence. The accused may get a warrant issued against him in case of absence in court without exemption being granted.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Anya]

Thank you very much sir for the response. One last question regarding surety stuff you have mentioned above.

Does the surety required is one per accused and only property papers of surety are allowed to be used for court bail bond, is salary slip of surety not allowed? If no surety is available due to some reason, is cash bail or personal bond an available option? Does one has to go with their lawyer? Will framing of charges be also happen on the same day? Can only my friend/husband go for himself first and then ask for some time for family as they are in different city…as there is no specific date given for apperance in court either orally or written.

Awaiting response. Thank you very much sir. You are doing a great service to humanity. God bless you.

[Dr. Ashok Dhamija]

It is for the court to decide (as per its discretion) as to what type of surety is needed. But, generally, in a case of Section 498-A IPC, the court would be liberal in such matter. Even cash security may also be accepted, but it is up to the court.

I have already mentioned that all accused persons are required to be present, if it is a court date, unless otherwise exempted by court, so do not repeat the question. If some accused persons do not go, then your lawyer can seek exemption, it is up to the court to consider whether there are genuine reasons for seeking exemption.

Engaging lawyer is not compulsory. An accused person can fight his own case without engaging a lawyer.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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