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kavita (.)     13 November 2009

bail application

I want to know about bail. If applicant had charged by 4467 ipc and police officer not submitte charged sheet so caourt can give bail on this because already that applicant had judicial custody. suggest me



Learning

 4 Replies

kavita (.)     13 November 2009

If advocate submitt his case in court than court give date  of the case immediately or court not give the same day date? what is the processor when we submitte our bail application in court?

Anish goyal (Advocate)     13 November 2009

If charge sheet is not filed within 60 days of order of remand then you can claim bail under section 167

kavita (.)     13 November 2009

Mr goyal, I agree with you that we have to claim bail under section 167 but if any possibility of condition bail for 467 ipc. Because already applicant in judicial custody from last 2 week and he frusted inside, his age is 60

ramprasad reddy. pottipati (Lawyer)     14 November 2009

Kavita

though the offence is triable by magistrate of I class, but the punishment extends to life, though the magistrate of I class has not empowered to punish him more than 3 years under Sec 29(2) cr.p.c, but may extend more than 3 years with the consent of Chief Judicial Magistrate, naturally this things not to happen, but the gravity of the offence is more severe thatswhy the concerned magistrate dismissing the application but I differ the contention of Mr Goyal since the punishment is life he cannot seek bail in the event of not laying the chargesheet it is only 90 days but not 60 days. u can exhaust ur remedy even in the court of Sessions or even High court.


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