delay in chargsheet

Anil Kumar kamboj Delhi M-9650 (Querist) 30 August 2008 This query is : Resolved
when a chargsheet wasnot filed within the sixty days,the accused became entitled to right to release on bail,but his appliction for bail erroneously rejected by the magistrate. He apporeched the higer authority. And meanwhile a charge sheet was filed .

Right to bail whether extinguished.

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deepak kumar (Expert) 31 August 2008
an indefeasible right has accrued if the accused was prepared to furnish bail bonds before submission of charge sheet within stipulated time.

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sanjay kumar patibandla (Expert) 31 August 2008
Sir, U/s 167(2)a(i) magistrate has to grant bail with in 90 days if the punishment of the offense is 10 years and above. as per 167(2)a(ii) magistrate has to grant bail with in 60 days if the punishment of the offense is below10 years. Your case might have comes under 167(2)a(ii).

Even charge sheet is filed after the expiry 60 days, the accused is entitled to grant bail under this section for non filling of charge sheet with in 60 days. once I saw one case law. If you required it I will search for it.

Tribhuwan Pandey (Expert) 31 August 2008
Absolutely agreed with reply of Mr.Sanjay Kumar Patibandla and this is the right position of law when a charg-sheet was not filed within the sixty days.