LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Lawrence William (Service)     31 December 2009

bail and process after arrest.

Dear Experts,

What could be the exact time frame in getting bail u/s 467,468,471, once the arrest has been made. Can the suspect move to the HC even before the charge sheet is filed? what is the after process once the suspect is arrested.? Normally when should the police file charge sheet? Till then the suspect will have to remain in the jail or can there be any other way out? Pl advise .

 

 



Learning

 3 Replies

N.K.Assumi (Advocate)     31 December 2009

Firstly, all the three sections are non bailable and triable by the Judicial  Magistrate of the first Class. In such case time for police to file charge sheet is 90 days as per Clause (i) sub section (2) of section 167 of the  Criminal Procedure Code, and if police can not filed charge sheet within the time limit of 90 days the accused is bound to be released forthwith provided he is ready to furnish bail bonds to the satisfaction of the court. Even if the stage of completion of the investigation is not reached that is 90 days, the accused can moved bail before the Judicial magistrate First Class under section 437 of the Criminal Procedure Code. It is not wise to rushed to the High Court at this stage for bails or for any other matters.You also see the recent amendment in the Criminal Procedure Code regarding the three sections.                                                                                            

subhash kumar (advocate)     02 January 2010

dear, my dear learned friend assumi given good advice,

subhash kumar, adv

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 January 2010

Nothing reqires to be added in the wise advice of assumi.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register