Mandatory bail

JAYARAJ, NOTARY PUBLIC (Querist) 14 November 2015 This query is : Resolved
Dear sirs,
In a 306 ipc case the accused is put in judicial custody for more than seventy days. Even though completion 60 day of custody, charge sheet not filled by the police. whether the accused be released on bail or not by the judicial magistrate under 167(2) Cr.p.c?

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SAINATH DEVALLA (Expert) 14 November 2015
306 ipc is abetting to commit suicide/bailable.Didn't U try in the HC?

Section 167(2) clearly illustrates the powers of the magistrate,regarding detention period of an accused.

Devajyoti Barman (Expert) 14 November 2015
If on expiry of 90 days police does not submit charge sheet you would surely get statutory bail.
In the meantime high court is indeed a good option.

Dr J C Vashista (Expert) 15 November 2015
Did you apply for bail or setting a question for examination of experts?

SAINATH DEVALLA (Expert) 15 November 2015
Dear Adv Jayaraj, U have not responded after UR first post.

K.S.Srinivas (Expert) 15 November 2015
You can file the bail application before court on 91st day under section 167 (2) of Cr.PC

Rajendra K Goyal (Expert) 16 November 2015
Agree with the expert Devajyoti Barman.

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