Complainant's role in Bail Application
I have registered FIR for cheating against one person .the accused person is habitual offender in other crime. The local kurla court has rejected his bail application .accused is likely to file bail plea in session court. .Police is yet to file chargesheet.I have following questions (1) Is there any process in law where I as complainant can lodge bail cancellation in session court before accused files bail plea (2) criminal proceedings will be going on in kurla court however how do I recover my money .Can I file recovery suit before charge sheet or if I can file plea to attach the accused property. Please help me with solutions
Answers 3
Answer to your question
1) Bail cancellation under 439 (2) crpc requires a bail to have Bern granted by a lower court or in 437 (5) by the same court. So u will have to wait until he applies in sessions where u will be allowed to intervene with an application. If he gets bail then u can approach high court for cancellation
2) Attaching property of accused is prerogative of magistrate and its for purpose of investigation / trial and not for recovery. You can definitely file a suit for recovery but I recommend wait for bail application in sessions .. where u should intervene as at that time most accused agree to settle the matter.
Engage a lawyer to appear as an intervenor on your behalf. File a money suit before the competent court.
Unless there is decision on bail application in Sessions Court, you have to wait, then you may challenge the said decision in High Court.
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