Can I file discharge petition before taking bail?

4 years ago

Sir/ Madam,
A case u/s 498a, 323, 504, 506 was filed against us. i am younger brother in law of complainant. Chargesheet was filed by police. yet only my brother(husband) has taken bail. Charges are not framed yet.
I,(Younger brother), want to file discharge petition u/s 239 of Crpc.
So my question is that
CAN I FILE DISCHARGE PETITION BEFORE MAGISTRATE WITHOUT TAKING BAIL.
(My one lawyer has advised that I can file discharge petition other said first I have to take bail) please help.

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Sidhaarth

Responded 4 years ago

A.Though as such there is no restriction in filing discharge application but the success rate at such stage is NIL. You can also argue on charge refutting the allegations and that no charge is made out against you.

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Md Shafiuddin Yakub Ali

Responded 4 years ago

A.Dear Client

First you have to take the bail.

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Sanjay Kumar Jha

Responded 4 years ago

A.Dear client,
Before fraiming charge by court, that is if court takes cognizance against all accused then certainly ,AB is needed, even before cognizance by court , you can move AB.
Thanks,

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Jagannath S Pawar

Responded 4 years ago

A.Bail is foremost concern n requirement.

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Rameshwar Dadhe

Responded 4 years ago

A.If allegations are wrong against you then you can file petition for quashing FIR

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Shreyash Mohta

Responded 4 years ago

A.Dear Client,
As 498A is a non-bailable section, it is always advisable to take bail in the first place and thereafter move a discharge petition.
A discharge petition may or may not be entertained. However, bail is a way of securing your interest so that you don't end up in custody.
Thanks & Regards
Adv. Shreyash.

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