sujatatyagi 24 January 2015

Procedure after bail is denied by hc

A person charged under 306 is in tihar for last 34 days was not given bail by HC on ground that police could not complete its investigation (and IO asked for further time) and is given a date in march 2015 for next hearing is this valid.

As under IPC maximum imprisonment under 306 is up to ten years which means maximum detention can only be for 60 days. under what provision can this person be ordered to be detained even after the completion of the above 60 days.

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4 Replies

Jai Karan Nagwan (consultant) 24 January 2015

Police to file charge sheet within 90 days, so chances of bail are very less before the police submit police report. However, if police will not file CS in 90 days, accused can get bail as a right.

surjit singh (Assistant) 25 January 2015

But even after 90 days one has to approach the court for bail, before the Police files the charge sheet. If the police files the charge sheet and then you approach the court in that case itwill be the discretion of court to give bail or not to give. In that case you cannot claim bail as a matter of right.

adv.raghavan (Advocate,9444674980) 25 January 2015

The court will not insist to retain him under custody beyond the prescribed time,He is eligible for default bail after completion of 90 days,under section 167(2)(a) crpc in the mean time he can and had already approached bail in High court under 439(1)(a), wait for the out come, you will get positive nod.

Jai Karan Nagwan (consultant) 25 January 2015

167(2) comes in play when CS not filed within 60/90 days. In that case also accused to apply to court. Generally bail is granted after closure of evidence in serious offence.