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Automatic Bail:

(Querist) 03 September 2008 This query is : Resolved 
if an accused is illegally detained in prison without the order of Magistrate order of Remand, does it amount to automatic bail for the accused to be released on bail?
davinder (Expert) 03 September 2008
in my opinion automatic bail will not be granted to u. you have to apply for bail on the ground of defective investigation,if an accused is illegally detained in prison then investigation is defective/
sanjay kumar patibandla (Expert) 03 September 2008
Sir, detaining in prison with out order of remand by the majistrate does not arise.
If happend so he must be released with out any order. It will be very strange thing. If you experienced so immidiatly approach human rights comission.
K.C.Suresh (Expert) 04 September 2008
It is an illegal detention. You approach the local Magistrate with an affidavit of the near one if the party wanted alegal remedy. Or apprach the authority who continue the illegal detention and try to release him. This is practical remedy.
deepak kumar (Expert) 04 September 2008
a person in prison without a valid order of remand should be released forthwith as it will pertain to illegal detention.
kumar sachin (Expert) 04 September 2008
if a person is illegally detained by the police then it shoudl immediately be brought into the notice of the Chief Judicial Magistrate of that region by the near/ well wishers/ relations of the person detained.
SANJAY DIXIT (Expert) 08 September 2008
Detaining in prison without order of remand by the magistrate does not arise.
However if it is happened, Writ of Hab./Cor. is always opened.
Jithendra.H.J (Expert) 10 September 2008
illegal detention is violation of fundamental right also.

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