Bail under sec cripc 395 & 398

Riyaz (Querist) 29 January 2013 This query is : Resolved
Hi All,

My cousin bail was rejected in session court mumbai, we have applied in high court.
i just want to know if it was also rejected in high court what is the procedure to get bail. how much time it will take?

Kindly assist.

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Devajyoti Barman (Expert) 29 January 2013
Within 90 days you have to prefer appeal in supreme court.

Riyaz (Querist) 29 January 2013
Thanks Deva.
Within 90 days or after 90 days.
Some told me i can also apply after 60 days if charge sheet is not framed. Pls also help me with the time frame to file chargesheet in this cases.

Raj Kumar Makkad (Expert) 29 January 2013
Leave aside 90 days. You have filed petition before High Court so wait for its outcome and only thereafter raise your query.

Riyaz (Querist) 29 January 2013
Ok, Thanks for advise

R.K Nanda (Expert) 29 January 2013
after HC it is SC.

Raj Kumar Makkad (Expert) 29 January 2013
most welcome from your side.

Riyaz (Querist) 30 January 2013
Can anyone advise me, if charge sheet not framed within 90 days under sec 395,398 then accused can get bail from session.

Raj Kumar Makkad (Expert) 30 January 2013
Yes. In case the charge-sheet is not filed within 90 days of the arrest fo the accused, such accused is entitled to get the regular bail from the court on this sole ground.

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