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Ashish Joshi   26 October 2025

Bail not granted

Respected all,
One of my friend is in jurisdictional custody today SINCE 90 days almost, , he has been changed with BNS 467. Session court is delaying giving bail hence we are moving to high court.
My query is it to better to escalate bail application at highcourt or we should continue with session court delayed.

Regards


 9 Replies

P. Venu (Advocate)     26 October 2025

BNS has 358 Sections. How is that your friend is charged under Section 467?

Ashish Joshi   26 October 2025

Regret, my mistake. The charges are as under

316- 2

316 -5

318- 4

336- 2

336 -3

338, 339 

340 -2

61- 2

Advocate Saylee Chaugule (-)     26 October 2025

Yes, a bail application can be moved before the Hon’ble High Court if the lower court is causing an undue delay in passing the order. However, before proceeding, certain key details are necessary such as the exact date of remand, the date of FIR registration, and whether the charge sheet has been filed or not. These details are important to determine the nature of the bail to be sought and the grounds that can be raised before the High Court.

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 October 2025

Section 467 of the Bharatiya Nagarik Suraksha Sanhita (BNS) has replaced Section 467 of the Indian Penal Code (IPC) and deals with forgery of valuable securities, wills, or other documents. The section provides punishment, such as life imprisonment or imprisonment for up to 10 years plus a fine, for forging these documents. 

However You  can move the High Court for bail if the Sessions Court is delaying its disposal, especially since the Supreme Court has directed High Courts to dispose of bail applications within a short timeframe, ideally two months. The High Court has concurrent jurisdiction with the Sessions Court under Section 439 of the Code of Criminal Procedure (CrPC) to grant bail, and it can hear the plea if the Sessions Court has been unduly delaying the process.

1 Like

Dr. J C Vashista (Advocate )     27 October 2025

Whether IO has file charge-sheet within stipulated period or not ?

P. Venu (Advocate)     27 October 2025

"Section 467 of the Bharatiya Nagarik Suraksha Sanhita (BNS) ................"!  As already stated, BNS has only 358 Section. 


 

Ashish Joshi   27 October 2025

Sir police also delayed making charge sheet since arrested, almost took 90 days. Now just last week only they submitted chargesheet. Though seeing delay in granting bail.

Dr. J C Vashista (Advocate )     28 October 2025

Indirect / vague response qua when did IO file charge-sheet, i.e., within 90 days or not ???????????

Ashish Joshi   28 October 2025

Chargesheet filed within 90 days


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