Apni Law Staff asked 5 months ago
Respected Sir, My case involves sections 420, 467, 468, 471 and 120B of the IT Act, specifically sections 43(a)(b) and 66. I was arrested on October 13th, 2016, following an FIR filed on October 10th, 2016. I was initially remanded in police custody from October 14th to 16th, followed by a final remand from October 16th to 21st. I was then transferred to judicial custody on October 21st, 2016. I received temporary bail from January 5th to January 24th, 2017, but the charge sheet has not yet been submitted. Could you please advise on the process for converting my temporary bail to permanent bail?Specifically, I would like to know:1. Can I file a bail application based on the delay in submitting the charge sheet? 2. Is it mandatory for an accused person to spend 90 days in jail for the charge sheet to be submitted within that timeframe?3. If an accused person receives temporary bail before completing 90 days in jail, would they be released automatically if no charge sheet is submitted within those 90 days? Thank you for your time and guidance.
Best Answer
Apni Law Staff answered 5 months ago
You can file a bail application based on the delay in submitting the charge sheet. Under Section 167 of the CrPC, the charge sheet must be filed within 90 days of arrest, and if not, you could be released on bail. However, this is not automatic, and the court will consider the specific circumstances of your case before granting bail.
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