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Bail for accused if the police is not filing chargesheet
12-Feb-2023 (In Criminal Law)
Hi,
The investigation officer is not filing a chargesheet it's already been 24 days and the accused can easily get bail what to do in that scenario.
Don’t worry the accused can’t be granted bail unless and until the chargesheet is prepared and presented before the magistrate. But it will always depend upon the crime that the accused has done to you. If it’s a serious offence then it’s impossible for him/her to get bail. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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What happens if chargesheet is not filed in 60 days?
In accordance with section 167, the Criminal Procedure Code (CrPC), a defendant will be eligible for default bail if an investigating agency fails file a chargesheet within 60 days of the date of remand. The stipulated period may be extended to 90 days for certain categories of crimes. 26-Apr-2023
What is the time limit for filing a chargesheet?
The time limit for filing an Charge Sheet
In cases that are triable before lower courts, the charge sheet must be filed within 90 days of the date of the arrest of the accused. The accused can default bail if the charge sheet has not been filed in the time prescribed. 06-Aug-2023
Can police file chargesheet after 2 years?
The Code of Criminal Procedure, 1974 (CrPC, which is applicable in India) does not set a deadline for the completion of an investigation. The police must submit to the court a report, also known as a charge sheet, once the investigation has been completed. (section 173(2) CrPC) .
The investigating officer has 90 days to file the chargesheet in the court till than the accused will not be granted bail on account of delay in filing of chargesheet. Bail will be granted at the discretion of the court in even the court is satisfied after considering the material on record
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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hello client as i can see you issue the sinario you are talking about you are not very clear about your view you want to go for bail or you want yo appose the bail so first kindly you have to clear you intension you want as the thing you are talking about bail. bail can be also granted on merits as bail have less merits of chargesheet to be gratnted.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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