Default Bail application time 60days or 90 days
27-Nov-2023 (In Criminal Law)
Sir, Please can someone tell me know on the following points:
Background of the case: FIR filed under Sec 376 of IPC and 4 and 8 of POSCO. This is a false case. The suspect visited the family and stay with them for 2-3 week. but as per FIR the victim after taking permission from HC had gone to terminate the pregnancy on reaching the hospital develops labor pain and give birth to a child which later in the court is said have dead. the suspect visited the family only 5 months before there but the parent of the girl have given a date one month early.
Bail application was applied and came up for hearing but never heard the magistrate kept postponing by giving date after date. 16 different dates have been given with no hearing or passing of any order other than giving dates. I believe the all the lawyers have an issues with the magistrate and have written to registrar.
In another week suspect will complete 60 days is default bail possible or is the it 90 days.
please advise
1. Default bail time is 90 days. But, there is no provisions in law to emphasize this.
2. In case police file charge sheet within 90 days then default bail time duration may not be considered ( considering the case ).
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