My brother was arrested on July 10th and taken into police custody the next day. He’s been in judicial custody since July 16th under sections related to forgery and passport violations. The maximum sentence for these charges is 7 years. I’m confused about the statutory bail period under CrPC 167 – is it 60 days or 90 days? Also, his regular bail application was rejected by the Sessions Court. Can we apply for statutory bail again in the Magistrate’s court or should we directly approach the High Court?

Apni Law
Apni Law
Law Forum › Category: Criminal › My brother was arrested on July 10th and taken into police custody the next day. He’s been in judicial custody since July 16th under sections related to forgery and passport violations. The maximum sentence for these charges is 7 years. I’m confused about the statutory bail period under CrPC 167 – is it 60 days or 90 days? Also, his regular bail application was rejected by the Sessions Court. Can we apply for statutory bail again in the Magistrate’s court or should we directly approach the High Court?
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Apni Law Staff asked 1 year ago

My brother was arrested on July 10th and taken into police custody the next day. He’s been in judicial custody since July 16th under sections related to forgery and passport violations. The maximum sentence for these charges is 7 years. I’m confused about the statutory bail period under CrPC 167 – is it 60 days or 90 days? Also, his regular bail application was rejected by the Sessions Court. Can we apply for statutory bail again in the Magistrate’s court or should we directly approach the High Court?

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Best Answer

Apni Law Staff answered 1 year ago

Under CrPC 167, the statutory bail period for your brother is 60 days, as the maximum sentence for his charges is less than 7 years. Since his bail application was rejected by the Sessions Court, you can apply for statutory bail again in the Magistrate’s court. You can also approach the High Court, but it is not mandatory to do so before filing in the Magistrate’s court.

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