Bail in s.395 of ipc

Y. T. R. Rao, Advocate, VIZAG (Querist) 17 October 2011 This query is : Resolved
SIR! CHARGE SHEET IS FILED ON THE EXPIRY OF 90th DAY OF JUDICIAL CUSTODY. NOW WHERE SHALL I MOVE BAIL APPLICATION? PLEASE ADVISE...

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kuldeep kumar (Expert) 18 October 2011
even filing on 90th u have 2 options court of session and hc

kuldeep kumar (Expert) 18 October 2011
try first in magistrates court with 100 % determination

Advocate Rajkumarlaxman (Expert) 18 October 2011
Its always better to start with lower court. File In JMFC if matter can be filed there or in Sessions and then at HIghcourt.

Guest (Expert) 18 October 2011
file bail application before the sessions court and if rejected then move to highcourt.

Arun Kumar Bhagat (Expert) 18 October 2011
You have missed the bus. You should have made bail application on the 90th day, now your statutory right to get bail is forfeited.You have to pray for bail at Magistrate's court.

Devajyoti Barman (Expert) 18 October 2011
If it is u/s 437 crpc then definitely before the Magistrate . If it is under 439 crpc then either before the sessions court or the high court.

kuldeep kumar (Expert) 18 October 2011
u have better chance of being granted bail.statatutory right begins on 90th day not ends.in my view u have better chance of bail.

Arun Kumar Bhagat (Expert) 18 October 2011
Kuldeep,

You are 100% right in saying that "statatutory right begins on 90th day not ends".

Now know from me when it ends.
" It ends with the filing of Charge-sheet".

This ratio is formulated from various superior court's judgement.

Do not forget to say me thanks.

kuldeep kumar (Expert) 18 October 2011
thanks but i knew this already

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