I.P.C.
chiranjib mukherjee
(Querist) 17 July 2009
This query is : Resolved
A CASE HAS BEEN REGISTERED U/SEC. 363/366 I.P.C. AND THE ACCUSED WERE ARRESTED AND PRODUCED BEFORE THE LD. C.J.M. AND THEREAFTER THE I.O. FILED A PETITION PRAYING FOR ADDING SEC. 376 I.P.C. AND DURING THE PENDENCY OF THAT PETITION THE ACCUSED COMPLETED THE STATUTORY PERIOD OF 60 DAYS. WHETHER THE ACCUSED IS ENTITLED TO GET BAIL?
Kiran Kumar
(Expert) 17 July 2009
Mr. Mukherjee,
as per S. 167 (2) Cr.P.C for the offences u mentioned the detention period period has been provided as 90 days.
if the police fails to file the challan with in 90 days then the accused is entitled to concession of bail under the aforesaid section.
since the imrpisonment for S. 366 is 10 yrs and for S. 376 it may be go upto life imprisonment.
so the accused can not claim bail as a matter of right on completion of 60 days.
vinjamuri ranga babu
(Expert) 17 July 2009
hi,
bail is not a right to the accused. itis for the court discretion to give bail or not? court will think in differrent standards of the accused, then if the court thinks fit, then accused gets bail.
vr
PALNITKAR V.V.
(Expert) 18 July 2009
So long as Sec. 376 is not applied, the accused would get right to be released on bail if the chargesheet is not filed within the time limit prescribed by Sec. 167 Cr.P.C. Hence, if the time limit for filing chargesheet is 60 days, and if chargesheet is not filed, the accused would be entitled to bail since 376 is not yet applied.
Ravi Arora
(Expert) 19 July 2009
do agree with ld. brother kiran
PALNITKAR V.V.
(Expert) 19 July 2009
This is a useful judgment of SC. please get the full text.
Bhupinder Singh & Ors. ... Petitioners.
Versus
Jarnail Singh & Anr. ... Respondents.
Criminal Appeal No. 757 of 2006 (Arising out of S.L.P. (Cri.) No. 5850 of 2005), decided on 13-7-2006.
i.vasudevan
(Expert) 20 July 2009
My learned friends explained well... for this offense this 60 days period is not enough ... but you have not done mean that time of filing bail prove before that Hon'ble court he is innocent he will not trouble to witness ,.... he is in jail 60 days mean the judge may grand bail.... its his discretionary power..
Sarvesh Kumar Sharma Advocate
(Expert) 18 July 2009
