Bail

vijay singh Mob.No 9621707070 (Querist) 11 December 2011 This query is : Resolved
Res. Sir

The case is registered u/s 406,506 ipc on dated 03/08/2011 as the matter of transactions of amounts but till today the charge sheet has been not been filed.
1) Is there any citation for bail regarding to time as more than 90 days.

2) Can magistrate give the order for bail?

3) Why Magistrates ignored to pursue to grant of bail?

4) Is there any citations to bound the magistrate for granting the bail in such simple offense?

The accused is not in police/judicial custody
He just Known through Police report which was filed in the concerned magistrate court

Thanks

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Devajyoti Barman (Expert) 11 December 2011
Bail is the discretion of the Magistrate. Without seeing the merit of your case it is difficult to tell whether the bail would be granted or not.

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 December 2011
whether accused is in jail pl clearify.

V R SHROFF (Expert) 11 December 2011
if accused in Police custody, or arrested and in MC , Police must file charge-sheet within 90 days.
Once you Apply, Magistrate will grant your BAIL APPLICATION, unless Police have Strong serious and valid objections.

Shailesh Kr. Shah (Expert) 11 December 2011
agree with views of experts.

Nadeem Qureshi (Expert) 11 December 2011
it is accused right to get bail if the chargesheet is not file within 90 days & the accused is in JC.
it is the descretion of the court
406 is not a simple case it is non-bailable offance & breach of trust.
feel free to call

jatin sharma (Expert) 11 December 2011
bail is right of accused if the charge sheet not file by the police in 60 days in ur case.file bail application to magistrate without any hesitation.

Surender Kumar Sharma (Expert) 11 December 2011
Opinion of Mr. Qureshi and Mr. Jatin Sharma is right , that if charge sheet was not filled by the police and the accused is in Judicial Custody since 90 days in session cases 120 days than it become the right of accused to get liberty from JC, and Hon'ble Supreem Court has also given ruling on this matter. So feel free to contact your advocate and file for bail in the appropriate court.

Raj Kumar Makkad (Expert) 11 December 2011
1.Under the provision of section 167 (2) of Criminal Procedure Code, such accused is entitled for the grant of bail if charge-sheet has not been filed within 90 days. In this case there is no question of the discretion of the court rather this is a mandatory provision of law and there are numerous citation in support of this law.

Raj Kumar Makkad (Expert) 11 December 2011
Bhupender Singh versus Jarnail Singh 2006 (3) RCR (Criminal) 677: 20006 (2) Apex Criminal 614 (SC).

This is very important citation for your case. Both matters have been discussed in this citation and desired relief has been granted.