Applicability of section 167(2) of cr.pc when there is puja vaccation?
01-Oct-2023 (In Criminal Law)
I was arrested by CID on 27.06.2017 against sections 420, 406, 408, 409, 468, 120B of IPC. Remanded on 28.06.17. Last court date was 25.09.17 (90th day of the remand) when bail petition was filed and rejected by the ACJM And the next date has been fixed for 09.10.17 as pujaholidays are from 26.09.17to 08.10.17. I got the bail on 27.09.17 in the special court. Is not the refusal of bail on 25.09.17 and extending it up to 08.10.17 is in violation of section 167(2) of cr.pc.
On what ground the bail application was posponded need to be checked as the reason for adjournment due to pooja holidays is not valid and the bail was not rejected but it was adjourn and kept on another date
Technically it is not a violation since bail application was "adjudicated" upon on the 90th day. Once rejected, your recourse was to seek bail in Sessions/ High Court or before the same magistrate on some other grounds. There is no limit on the number of times bail application can be filed.
On an entirely different subject, you may have recourse to discharge from the case or to be exonerated before trial itself.
On an entirely different subject, you may have recourse to discharge from the case or to be exonerated before trial itself.
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