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arrested in murder case by polce


20-Jan-2023 (In Criminal Law)
My brother is arrested in froud case of his wife murder..actually she was disappear..and after police custody he accept that he kill him..because they tourcher him.they took him front of magistrate..and chalan is not submitted yet..it submitted under 90 day.....what we do..??
Answers (5)

Answer #1
611 votes
Apply for the bail in the grounds of non submission of Chalan and harrasment in police custody and you can also file a writ in high court against police that your brother is being tortured in police custody this will also help you to bail him out .
Answer #2
540 votes
not an issue you can do get the bail of your brother by hiring any lawyer as its a law if the challan is not presented within 90 days than the accused can get the bail from the magistrate so if in your case your brother is still in custody even after 90 days than you will get bail
Answer #3
606 votes
If as per you are saying chalan is not presented then accused has right to file bail under sec 167(2) crpc. Otherwise you have not mentioned that whether you lodged her missing report to police or not.
Answer #4
699 votes
This is a fit case to get bail u/s Sec 167 under CrPc if the chalan is not presented within 90 days. You likely have more chances to get bail if the prima facie is not made against your brother. It would be best to consult a local criminal lawyer as the offence is of murder and it is going to have huge repercussions on the coming life of your brother.
Answer #5
556 votes
Dear client , challan need not to b filed within 90 days, it only gives right to the accused person to b released on bail if challan filed after 90 days . you should hire an advocate as serious charge has been framed against your brother . only advocate can tell you what steps need to be taken during the investigation of the case or whether any inquiry is needed . for more information you have to meet me me personally

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