Regarding Bail Application in section ipc 420,379,411
3 years ago
My friend is in judicial custody from more than 60 days. His bail application is pending at High Court. Chargrsheet has not been submitted till now. Can we file bail application at session Court also chargesheet has not been submitted with in 60 days. Or we have to wait for High court .
A.u can get bail for your friend immediately even before the charge sheet comes.. More details require for perfect opinion.
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ADV. ANISH PALKAR (High Court)
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ADV. ANISH PALKAR (High Court)
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DIYAVARHUSSAIN SHAIK
Responded 3 years ago
A.Dear Client
As per your inputs, you friend is in Judicial custody for the last 60 days, as per Criminal Procedure code your friend is entitled for Satutory Bail as the charge sheet is not filed withing 60 days for the offence punishable for less than 10 years
As the punishment for the offences under 420, 379, 411 is not more than 10 years your friend can file a bail application before the sessions court claiming statutory bail under Criminal procedure code
As per your inputs, you friend is in Judicial custody for the last 60 days, as per Criminal Procedure code your friend is entitled for Satutory Bail as the charge sheet is not filed withing 60 days for the offence punishable for less than 10 years
As the punishment for the offences under 420, 379, 411 is not more than 10 years your friend can file a bail application before the sessions court claiming statutory bail under Criminal procedure code
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Rajinder Pal Singh
Responded 3 years ago
A.File bail application in the trial court under the provisions of section 167 of Cr.PC. Withdraw your bail application in high court with liberty to approach them again and apprise them about your filing of default bail in trial court. Do it immediately.
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A.Hi,
Under S.167 CrPC, the accused is entitled to bail if the chargesheet has not been filed in 60 days. You can file for bail in the Sessions Court and make a writ petition ordering your release in the high Court.
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Under S.167 CrPC, the accused is entitled to bail if the chargesheet has not been filed in 60 days. You can file for bail in the Sessions Court and make a writ petition ordering your release in the high Court.
If you found this helpful, please rate us.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Your friend has a right to receive bail as the chargesheet has not been filed within 60 days of the date of arrest, as provided under S.167 CrPC.
You can apply for bail in the Sessions Court and also in the High Court.
If you found this helpful, please rate us.
Your friend has a right to receive bail as the chargesheet has not been filed within 60 days of the date of arrest, as provided under S.167 CrPC.
You can apply for bail in the Sessions Court and also in the High Court.
If you found this helpful, please rate us.
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Ravitendra P S Chandel
Responded 3 years ago
A.You have to wait for the disposal of bail application before the Hon'ble High Court.
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