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prajwal (cmo)     11 May 2013

Maximum no of days of remand

Dear All,

 

what is the maximum no of days in remand for a person convicted under sec 409 406 and 420. He is already in remand for nearly 50 days is it best to wait for 90 days?

Also whether sec 409 willcome in the way of getting bailafter 90 days?



Learning

 6 Replies

prajwal (cmo)     11 May 2013

dear all,

 

please doreply awaiting eagerly for ur valuable response

prajwal (cmo)     11 May 2013

dear all,

 

please do reply awaiting eagerly for ur valuable response

ADV S PATHAK (lawyer)     11 May 2013

what is the maximum no of days in remand for a person convicted under sec 409 406 and 420. 

 

not convicted but booked    am i right. 14 days judicial custody is given at a single time which is increased from time to time untill bail is allowed.

so apply for bail. it depends on the quantum of offence.

Lawrence William (Service)     11 May 2013

ADvocate pathak is right, apply for bail before chargsheet, you also stand a chance to apply for bail after chargesheet. The Police can  take maximum 60 days for filing chargesheet. According to me , 14 days could be the maximum what police can ask for. the hon court may not grant further remand. the accused will be sent to Judicial custody.

priyan Sharma (Officer)     20 May 2014

There is no limitation prescribed for remand.

But he can be entitled for bail after 90 days if charge sheet has not been filed.

But in any case he has to apply for bail.

manish jeswani (lawyer)     20 May 2014

Hello

Granting of bail on merits and on default are two different things. Court grants bail on merit by exercising Powers under section 437/439 crpc. Whereas the default bail can be granted on non filling of charge sheet within prescribed time.sec167(2) crpc

 

Looking to your querrie it seems that your bail application had been rejected on merits. If it is not then file it before  appropriate court and it has nothing to do with 60 days or 90 days.

 

60 days or 90 days depends upon the quantum of  punishment prescribed. In your case looking to  punishment prescribed in section 409 the charge sheet had to be filed within 90 days and only in default to file it within time you are entitled for compulsory bail.

 

So bail on merits and in default operates in different sphere and please do not confuse yourself. Better not to wait for 90 days and go file application on merits before the appropriate court.

Regards

Manish


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