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interim bail period will count as in period of detention (custody)
20-Oct-2023 (In Criminal Law)
if a person arrested-sent to judicial custody- released on the interim bail for a period of two months then again sent to judicial custody ,
does that two months period will count as a period of detention(as in custody) under section 167(2) crpc. or not?
does that person will we entitled to default bail or not?
Interim release period can not be included in the detention period. However, bail can be asked from the court by taking interim release as a ground to it.
However court can not detain you more than 90 days if the investigation is going on.
However court can not detain you more than 90 days if the investigation is going on.
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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Hello,
If a person gets arrested, send to judicial custody and if he gets released on interim bail, it does not mean that he would be entitled for regular bail. Regular bail can be granted on the facts and circumstances and merits of the case. If the person/accused duly abide by the conditions of interim bail and surrender himself before the court or jail authorities, then it would be a plus point for him.
If a person gets arrested, send to judicial custody and if he gets released on interim bail, it does not mean that he would be entitled for regular bail. Regular bail can be granted on the facts and circumstances and merits of the case. If the person/accused duly abide by the conditions of interim bail and surrender himself before the court or jail authorities, then it would be a plus point for him.
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Adv. Nitin Bansal
Delhi | 25+ Answers
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