Statutory bail will be given by session court or High court

850 votes

Dear Sir/Ma'am, Statutory Bail is granted by the Magistrate only if the Investigating officer has failed to file the charge sheet within 60/90 days(as per the offence), prior to that you cannot go for Bail application under Section 167(2) or Statutory Bail. Now come to your case, yes, you can go for Bail Application under section 167 CrPc. if the investigating officer has failed to file the charge sheet within 60/90 days and even though you regular bail application/appeals have been rejected. Thanks and regards Advocate Amit Sagar

Advocate Amit Sagar LawRato

553 votes

Hi, Your question is actually incomplete. You have not mentioned the offense for which the person is accused of. It is actually quite important factor to answer your question Nonetheless assuming that in your case relevant time period is 60 days as per section 167 crpc, you can apply for bail on 22nd october 2017 before Lower court But there is a catch here. According to section 167 crpc 60 days period is prescribed in cases where punishment prescribed is 10 years or less. In those cases bail application will go before MM and not Sessions court. Still proper documents like FIR is require to answer your question properly It is also a case that you can get bail before the end of 60 days period but that depends upon the contents of FIR. I have argued in a FIR for offence of rape and successfuly got the relief of bail for my client and that too within 6 days of his arrest. So it all depends on FIR. So you can ask your lawyer to file the bail before sessions/MM (depending upon nature of offence) after the expiry of statutory period of 60 days In case of further help, please contact me via the lawrato platform Regards Advocate Mayank Goel

Advocate Mayank Goel LawRato

593 votes

sir, you have not mentioned the nature of the offence as well as the ground of the rejection of the bail because these details it is difficult for me to give proper advise. yes you can file a statutory bail under section 167 crpc after the expiry of 60 days. kindly provide the complete detail of the case.

Advocate Nitin Kumar Jain LawRato