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Ankit Saha (CEO)     10 July 2013

Bail cancelation

A person got statutory bail in a 302 case after 90 days as no chargesheet has been filed. In case chargesheet is filed subsequently can he be arrested?

Ankit



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 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 July 2013

after submission of thechargesheet, the question whether to release the petitioners on bail or to remand them to judicial custody, had to be decided in the light of the provisions contained in Section 309 of the Code having regard to the facts and circumstances of the case. The teamed Judge sought to derive support for his view from the decision of the Court in Sairabibi v. State of Gujarat, (1987) 28 (2) Guj. LR 903 : (1987 Cri LJ 1732).


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