During the pendency of the investigation, you can get copies of the FIR and remand application filed by police.
Copies of the arrest memo and seizure memo are already given to the accused by the police at the time of preparing these documents if they relate to arrest of that accused and if the seizure is from the premises of the accused. Copies of other seizure reports may not be given to him during investigation.
If the Magistrate has recorded statement of the accused under Section 164 of Cr.P.C., then it is required to be read over to the accused and also to be signed by the accused, at the time of its recording itself. So, the accused may already be knowing the contents of such statement under Section 164 of Cr.P.C. Therefore, I think it should be possible to get a copy of it.
Statements of other witnesses recording during the investigation are not disclosed to the accused person during the process of the investigation. He is entitled to get copies of such statements only after completion of the investigation when charge sheet is filed. Such statements are not submitted to the court during investigation in the normal circumstances; but, if the court wants to see them, then the investigating officer would show these statements to the court; however, even in such a situation, the accused would not be shown the statements of other witnesses during the investigation stage.
But, generally speaking, it may not be a big problem. This is for the simple reason that a copy of the remand application of the investigating officer submitted to the court is given to the accused; and, this remand application contains the gist of the evidence / circumstances against the accused on the basis of which remand of the accused is sought. Therefore, it should be possible for the accused to file bail application on the basis of such facts which are disclosed in the remand application, FIR, etc.
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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