167 (2) calculation of 90 days

Ramakrishna (Querist) 25 April 2017 This query is : Resolved
In a murder case two accused were arrested in different days.... A1 was arrested on 27-01-2017 and remanded on 28-10-2017, A2 was arrested on 30-01-2017 and remanded same day.. here to file 167(2) crpc petition for A1 90 days will be completed on 28-01-2017 and A2 90 days will be completed on 30-04-2017 same day was sunday and there is no other accused except the A1&2... So when should I file 167 (2) for both accused or individual accused if charge sheet would not be filled... Can i file A1 first, later to A2? If 90th day came on Sunday , can Sunday countable ? Please tell me thankyou

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P. Venu (Expert) 26 April 2017
Is there any real issue?

Ramakrishna (Querist) 26 April 2017
Yes it is real

Rajendra K Goyal (Expert) 26 April 2017
Show the case file and discuss with some senior lawyer.

Dr J C Vashista (Expert) 27 April 2017
90 days from the arrest of A2.

Guest (Expert) 27 April 2017
Avoid Confusions and file the Bail Petition after May 2nd for both the persons/accused.You have good grounds that charge sheet is yet to be filed.Even if Charge Sheet is filed the Bail Petitions will be Considered after 90 days.If you are going to file for the Bail in High Courts you could file it since one or two High court would function even in vacation for these purposes.Even the Concerned Lower Courts would issue Bail when filed after 3 months.

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