Nikhil Sonawane 09 April 2019

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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4 Replies

Nikhil Sonawane 09 April 2019

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

Rashi Chandok 10 April 2019

Hello Sir,

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

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 10 April 2019

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

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 14 April 2019

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.