china gupta
Asked August 21, 2016

When to file Bail

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Can a person apply for bail when the charge-sheet has been filed?

Answer 1

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Shreya Mishra

According to Section 167 of the Code of Criminal Procedure, once a chargesheet has been filed within the prescribed statutory period of 90 days, a bail cannot be granted.

In the case of Nawal Sahni vs State Of Bihar[1], the applicant asked for Bail after the chargesheet was submitted. Though the chargesheet was submitted after the prescribed ninety days, the Court held that even after that, the application of bail was made after the delayed chargesheet was filed. In the case of Afzal Ibrahim Jariwala vs State Of Maharashtra,[2] the Court had held that if the prescribed ninety days has passed and then the application of bail is put forth, it may be granted and would not be dismissed only because the chargesheet was filed subsequently. However even this case uphold the principle that once a chargesheet has been filed, bail cannot be granted and the application will be

 

[1] 1988 (36) BLJR 639

[2] 2003 BomCR Cri

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