Chargesheet


if chargesheet not submited to court in 90 days..then will bail granted to accused or it is still discretionary power of court

 
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and if there is srong evidence avialable against the accused of murder

 
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Hello Sir, 

In my opinion, it is at the discretionary power of the court.

 
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Advocate

Sir,

 

Mandatory bail if the chargesheet is not submitted and the accused is in custody last 90 days. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

 
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The investigation report and the Charge sheet are the prima facie evidence against the accused, but even if both have not been submitted by the police/prosecution within 90 days, hence the accused has the right to bail.
 
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And please don't repeat the same query, because the answers don't change. Earlier also you have raised the same query, which was replied to you.
 
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self employed

Dear experts please refer 167(2) Crpc. If the charge sheet is not filed within 60 days in summons cases and 90 days in warrant cases from the date of arrest of the accused then the accused shall be released on bail. This is statutory Bail and it is not discretionary power of the magistrate. The magistrate is bound to release the person on bail when the accused files the petetion u/s 167(2) Crpc provided that the sureities for the bail are furnished.
 
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Dear Subramanyam, here also you are wrong. 60 days limitation is for the offences where Max. Sentence is 10 years (and not the summons case). 90 days for the offences where Max. sentence is beyond 10 years even to the extent of capital punishment.
 
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