Suppose Mr. X is accused of some nonbailable offence and matter is triable by session court only
1. Chargesheet is not filed
2. He srenders in court, Pleading for his bail
3. His bail application will be rejected by Lower court
4. A date will be given say 15 days after, his bail will be heard by session court (Notice to PS for documents and all)
5. He will be send to judicial custody
6. Later Public Prosecution comes and says, During the investigation he was not found guilty because lack of evidence against him. more simple IO discharges him
Who is responsible for his 15 days pretrail detention ? what is law behind this to prevent such incidents? or I am missing something (Lets assume he has not been given arrest stay or anticipatory bail or he is layman and couldn't afford the costly justice)