Getting bail

Querist : Anonymous (Querist) 07 November 2011 This query is : Resolved
if acused person completes 90 days in jc and chargesheet is not yet filed can he aply for bail in magistrate court where bail in rejected in first week of custody. for applying in high court long custody without any progress in the case is sufficient ground other main beneficiary is not yet arrested .the person who is in jc is not the beneficiary. without arrest can trial be started. if judge give condition bail can we appeal that as the accused family stays in antoher state we can report that state court or police station we have no place to stay or any occupation where the case is registered. accused also feel that as the other co accused r having criminal nature he will be beaten by them as there is no one to look after him in the place where case is registered pl suggest any remedy

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Biswanath Roy (Expert) 07 November 2011
If Police fails to submit charge sheet within 90 days the detenue can pray for bail for which he or she is entitled to it is immaterial whether the main accused was arrested or not. If the bail petition rejected three times by the court then High Court has competence to grant bail. Regarding shifting a criminal case from one State to another it is a rigid process of law depends upon many factors which can only be opined after going through all the case papers. If your Lawyer wants to consult me he may contact me over phone 9163087837 or can mail me.