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Jainantony Antony   07 February 2020

302 ipc

in a 302 case police has not filed charge within 90 days is the accused can claim bail


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 3 Replies

Joy Bose   07 February 2020

Hello,

Section 167(2) of the CrPC allows bail on non-bailable offences like murder and suicide. When chargesheet has not been filed for 90 days, the police on no ground can keep the suspect in custody. One needs to approach the court under section 437 (bail on non-bailable offence) of the CrPC along with section 167(2) to obtain bail.

Feel free to ask any further question.

Regards,
Joy Bose

Dr J C Vashista (Advocate)     08 February 2020

What is your concern / locus standi, if it is a true story ?

Whether the accused is in judical custody for last 90 days ?

What is the opinion and advise of the lawyer engaged by accused who is lodged in custody ?

Dr J C Vashista (Advocate)     08 February 2020

It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.


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