Section 307 of IPC & attemp to murder case

shirish shekhar (Querist) 13 March 2010 This query is : Resolved
In one case my relative is facing one case of attempt to murder and for the last couple of months he is evading arrest.Now yesterday he was arrested and was put to jail without putting him before a magistrate.please tell me what we cd do as the case is only a conspiracy hatched for monetary benefits.In which court we can appeal for Bail and what is the minimum period(chargesheet) we can appeal in court.
shekhar

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Guest (Expert) 13 March 2010
Police is duty bound to produce him before the concerning magistrate within 24 hours of arrest. Generally police not show the arrest in papers, so if police not producing him in the court for remand (j/c or p/c) then you can file an application before senior police officials i.e. S.P. OR I.G. You also file an application with your affidavit before the Chief Judicial Magistrate police unauthorisely detained your relative for more then 24 hours. You can also file an habeous corpus writ petition before high court, Police has no right to detained any arrested person more then 24 hours, Within 24 hours the arrested person should prodused before the court. Whenever the police prodused your relative in the court then move a bail application.

Sanjeev Panda (Expert) 13 March 2010
I agree with my friend Ajitabh and the best course of action would be to file corpus writ petition before high court

A V Vishal (Expert) 13 March 2010
File a habeas corpus writ before the High Court.

Raj Kumar Makkad (Expert) 13 March 2010
Police shall complete its own formalities. Now you get arrange for the bail of your relative and engage a criminal local lawyer competent to understand whole things and follow his directions.

Bail application shall be moved before Sessions Judge in this case and rest shall be decided by your engaged lawyer whether to get it proceeded or to withdraw it at appropriate time or what action to be taken in the circumstances of the matter.

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