Upgrad LLM

chargesheet


if chargesheet not submited to court in 90 days..then will bail granted to accused or it is still discretionary power of court

 
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and if there is srong evidence avialable against the accused of murder

 
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Hello Sir, 

In my opinion, it is at the discretionary power of the court.

 
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Lawyer at Supreme Court of India

Sir,

 

Mandatory bail if the chargesheet is not submitted and the accused is in custody last 90 days. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

 
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Practising Advocate

Dear experts please refer 167(2) Crpc. If the charge sheet is not filed within 60 days in summons cases and 90 days in warrant cases from the date of arrest of the accused then the accused shall be released on bail. This is statutory Bail and it is not discretionary power of the magistrate. The magistrate is bound to release the person on bail when the accused files the petetion u/s 167(2) Crpc provided that the sureities for the bail are furnished.
 
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