167 cr.pc bail
mamta udayprakash galbale
(Querist) 05 August 2013
This query is : Resolved
how the 90 days to file chargeshit are computed? when the accused become entitled for bail u/s 167(2) of cr.pc ?
Advocate Ravinder
(Expert) 08 August 2013
From the date of FIR. By the by what is the offence and section.
prabhakar singh
(Expert) 10 August 2013
When no charge sheet is filed within 90 days
where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years,the accused would be enlarged on bail.It will thus be profitble to notice that once an accused person has been released on bail by the thrust of the proviso to Section 167(2), the mere fact that subsequent to his release a charge sheet has been filed is not sufficient to cancel his bail. In such a situation his bail can be cancelled only if considerations germane to cancellation of bail under Section 437(5) or for that matter Section 439(2) exist. That is because the release of a person under Section 167(2) is equated to his release under Chapter XXXIII of the Code.(AIR 1993 SC 1 Asalambabalal desai case)
