Bail application

naina jain,

you can definitely move a bail application even before expiry of 7 days of police custody.

This is a big question to many criminal lawyers in India. As remand is antethesis of bail. if the prosecution obtain remand of the accused can bail be obtained during the substinience of the remand of 7  days, 15 days etc. The issue is whether the remand was granted to the prosecution after hearing the accused or simply granted automatiocally on request by the Police through the prosecution without hearing the accused by simply going through the police case diary or without going through the police case diary as automatic remand etc.Should the court accept police diary as gospel thruth and remand the accused? I am of the view that the Court should exercise its power judicially with wisdom and not merely for the satisfaction of the Police for investigation and remand the accused to police or judicial custody. It is for the court to passed suitable order as per his own judgement and not based on police demand for remand. Discreation should be based on sound and fair exercise of power.

bail petition can be filed during remand period. i have filed bail applications even at the time remand itself in some cases. normally it will be adjourned for public prosecutor reply..

Agree with Asummi Sir .But the courts generally do so, having full faith on police, and the accused remain helpless.

Respected Experts,

How can ur prayer of bail can be granted if the accused in police custody?

So nno application can be allowed if the accused is in PC and it can be moved bo for obveous reason it will be adjourned for the date after police remand so moving an application in PC but u can object the application for grant of  Police custody .