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Can bail be granted if accused not presented in court within 24 hrs


09-Aug-2023 (In Criminal Law)
Can the person be bailed after 24 hours if the accused in not prosecuted in court within 1 day of being held in prison?
Answers (5)

Answer #1
740 votes
Although a person has a right of bail even then bail is totally a subject to the discretion of court and depend upon the offence committed. Accodingly the court grant the bail. In answer to ur question if a person is not prosecuted in court within 24 hrs or afterwards then accused has right to file a writ of habeus corpus befor the High Court.
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Advocate Sarabjit Singh Cheema

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Answer #2
970 votes
Bail cannot be granted or not depends upon the sections which are involved. Its further correct that accused person has to be brought before magistrate within 24 hours. But grant of bail depends upon two factors, one is descrition of magistrate and the sections involved.
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Advocate Kanwarjit Singh Pruthi

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Answer #3
982 votes
This is matter of illegal detention by police if the police does not present the accused before judge within 24 hours from arrest. but we need to see when the police actually shows the accuaed to be arrested. normally police do not show the correct time of arrest of accused but they do show as per their own convenience.
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Answer #4
849 votes
There is not such law that if the person is not prosecuted (I think you mean presented ) before the court with in 24 hrs but you can file writ of hebeas corpus in High Court . another important thing is the sections or crime alleged to have been committed.
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Advocate Anuj Anand

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Answer #5
972 votes
The law is to present the accused within 24 hours before the magistrate. It is done only where your case is of non-bailable offence otherwise you would have got bail from the police only. Police will demand to take you on remand or custody for further investigation and at that point you have to apply for bail. It is no law that if you are not presented within 24 hours before magistrate you are entitled to bail.
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Advocate Satish Mishra

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