Accused was not produced in the court by jail authority/police after 14 days of judicial custody..ef

vinod bansal (Querist) 04 November 2011 This query is : Resolved
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An Accused was arrested in a case us 307 ipc and was sent to judicial custody for 14 days as the case was under investigation but he was not produced in the court by jail authority/police after 14 days of judicial custody..what is effect of non production,,is accused entitled for bail on this ground.Help plz
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Vinod Bansal Adv

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Shonee Kapoor (Expert) 04 November 2011
Was this after filing of chargesheet or before.

If it was after filing of chargesheet, then it is not an lapse.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sarvesh Kumar Sharma Advocate (Expert) 04 November 2011
not a fit ground for bail!

venkatesh Rao (Expert) 04 November 2011
Non production has nothing to do with right to bail. Judicial custody means accused is in the custody of court (and not police)and he is lodged in a place or abode called jail/prison. He is deemed to be and continued in judicial custody until admitted on bail. Non production without reasonable cause may be a procedural lapse and no right whatsoever accrues therefrom to the accused.Production of accused is an administrative action on the part of the jail authorities. Production is insisted upon because anything done or any order passed in criminal case must be in the presence of the accused.