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Procedure to apply for bail in criminal matter
24-Jul-2023 (In Criminal Law)
A friend of mine is arrested and is in jail for a period of 50 days for offences under section 408,420,468 and 471 of ipc..the amount involved in the scam is 1 crore..chargesheet will not be filed soon...i heard bail application can be submitted after 60 days if the punishment is less than 10 years..in this case will he get default bail after 60 days or will the offences be put together for computing the said 10 years and bail be denied..or shall i wait for 90 days to get bail..pls help..thank you..
Hai,A Regular bail depends upon the gravity of offences.For offences mentioned by you, you can apply for bail after 60 days of judicial custody in each case,and if police failed to file a chargesheet in each case, you can get statutory bail.
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Adv. Ajee Rajappan
Kollam | 25+ Answers
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Hi aspirant,
From the nature of your query, it seems that you might be a starter in the legal field or a law student. ANY HOW, Just understand that apart from Anticipatory bail, there are two types of bail in India .One, Regular Bail (S 437 or 439 Cr PC) and the Second is Statutory Bail (S167(2) of CrpC). The first one can be filed before completion of the said period of 60 or 90 days.However, the Second type is entitled only if the Prosecution fails to furnish Charge Sheet with in a period of 60 days in Non-cognizable Offences and 90 days in Cognizable Offences.I hope, it is crystal clear to you and you may be able to provide a good advise to your Client/Friend.
Regards,
Adv RAJESH NEDUMPROM
From the nature of your query, it seems that you might be a starter in the legal field or a law student. ANY HOW, Just understand that apart from Anticipatory bail, there are two types of bail in India .One, Regular Bail (S 437 or 439 Cr PC) and the Second is Statutory Bail (S167(2) of CrpC). The first one can be filed before completion of the said period of 60 or 90 days.However, the Second type is entitled only if the Prosecution fails to furnish Charge Sheet with in a period of 60 days in Non-cognizable Offences and 90 days in Cognizable Offences.I hope, it is crystal clear to you and you may be able to provide a good advise to your Client/Friend.
Regards,
Adv RAJESH NEDUMPROM
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Adv. Rajesh Nedumprom
Tiruvalla | 100+ Answers
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Your friend can petition in the High Court for disputing the charges under the said sections IPC as no chargesheet is filed as yet and proceed to immediately also file for bail questioning the legal validity of the charges.
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if chargesheet is not filed in 60 days you will get default bail. You will have to file bail application before the trial court and seek default bail unser section 167(2) . No the offences will not be added together for considering the limit of 10 years.
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