top of page
Writer's pictureLead India

Can A Lawyer Help In Bail If Chargesheet Filed Against A Person?

A "charge sheet" will be sent to you if you are accused of a crime. This outlines the specifics of the offense of which you are accused.

The police will determine whether you-

  • Can be freed from police detention until the court hearing, but you may have to abide by certain conditions, these conditions are known as "bail," and

  • They keep people in police custody until they can be hauled to court for a hearing

Classification of Offenses

  • General Offenses- Offenses that are not in categories B and D but have a maximum sentence of seven years in jail.

  • Heinous Offenses- These crimes carry a death sentence, a life sentence, or a sentence of more than seven years in jail.

  • Special Offenses- Offences subject to strict bail requirements under Special Acts, such as the NDPS under Section 37, PMLA under Section 45, UAPA under Section 43D (5), Companies Act under Section 212 (6), etc.

  • Economic Offenses- Economic violations excluded from the scope of special acts.

Procedure Laid Down by the Supreme Court: Offenses

General Offense

Following the filing of the charge sheet or the taking of the complaint's cognizance-

  • In the first instance, the court will issue a regular summons (allowing for attorney appearances).

  • If the accused does not show up despite being served with a summons, a bailable notice for physical attendance may be issued.

  • A Non-Bailable Notice may be issued if the person charged still does not show up.

  • The Court can revoke the Non-Bailable Warrant or turn it into either a Bailable Warrant or a Summon, without first insisting on the accused's physical appearance, if the person being charged moves a request before the Non-Bailable Warrant is executed and states in the application that they will appear physically on the next date(s) of hearing.

  • The accused's bail application may be considered by the court based solely on the accused's attendance, without the accused being physically detained, or by granting temporary bail while the application for bail is being decided.


Heinous or Economic Offenses

  • The application for bail of the accused is to be considered on the merits upon the appearance of the accused in Court in accordance with any process issued.

Special Offenses

  • The same condition as that for Categories B and D, plus an additional condition, which states that after the accused has appeared in court, their bail application must be decided on the basis of merits and in accordance with the specific bail conditions or provisions provided under the Special Acts with strict bail provisions, such as the NDPS under Section 37, PMLA under Section 45, UAPA under Section 43D (5), Companies Act under Section 212 (6), etc.

Role of Judiciary

In the case of Satender Kumar Antil v Central Bureau of Investigation, dated October 7, 2021, the Supreme Court of India issued guidelines for granting bail after the filing of a charge sheet and ruled that trial courts are not prohibited from doing so in light of the behaviour of the accused during the investigation.

The following prerequisites must be met in order for these instructions to be applicable-

  • Throughout the investigation, the accused is not detained.

  • Throughout the inquiry, the accused cooperated, showing up in front of the investigation officer whenever requested.

Because setting bail can be a difficult and complicated legal process, hiring an experienced lawyer is crucial. An effective criminal lawyer can ensure that the accused's rights are upheld and that their case has the highest chance of success.


Additionally, a criminal lawyer can accompany the defendant during the entire bail procedure and assist the accused in understanding the judicial system. The capacity of the accused to obtain bail and their prospects in the future can significantly differ depending on the skill of a skilled criminal lawyer.


You will need the help of a lawyer to help you obtain bail. If you need the help of lawyers to obtain bail on your behalf in Pune, then matrimonial lawyer in delhi can be hired, and if you need the help of lawyers to obtain bail on your behalf in Kolkata, then criminal lawyer in Kolkata can be hired. Similarly, property lawyers in bangalore can be employed if you need the help of lawyers to obtain bail on your behalf in Delhi.

At Lead India, you can consult and talk to lawyers there. You can obtain free legal advice online as well as ask a legal question online for free to lawyers for consultation at Lead India.


Call Us: - +91-8800788535

1 view0 comments

Recent Posts

See All

Comments


bottom of page