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Abhinav tomar   03 October 2023

Whether regular bail under section 167(2) will be granted or not?

Can accused seek default bail under section 167(2) Cr.p.c if chargesheet filed is incomplete?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     03 October 2023

Section 167(2) of the CrPC:If the police are unable to complete an investigation within a specified period, a person in judicial custody has the right to seek bail.

  • According to Section 167(2) of the CrPC, the magistrate can order the accused person to be detained in police custody for up to 15 days. If more time is needed, the magistrate can authorize the accused person's detention in judicial custody, which means jail. However, the accused cannot be held for more than:
    • Ninety days if the investigating authority is looking into a crime that is punishable by death, life imprisonment, or imprisonment for at least ten years.
    • Sixty days if the investigating authority is handling any other offense.

except offences under NDPS and UAP acts. 

Pradipta Nath (Advocate)     03 October 2023

Yes bail application can be seeked or filed under section 167 of crpc. 

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