*Automatic Bail*

If the investigation is not completed by IO ( police) and charges sheet not filed with in 60 days /90 days(in henious offence like murder, rape,etc)

Right of Accused to be Released on Bail if Investigation not Completed within Prescribed period-

Right of Accused to be Released on Bail– In this recent case, the Supreme Court has deliberated on the law pertaining to right of bail when the investigation is pending and is not completed within the period as prescribed under Section 167(2) of the Code of Criminal Procedure (CrPC).

*Case name: Achpal @ Ramswaroop & Another v. State of Rajasthan*

The Two-Judge Bench of the Supreme Court heavily relied on its verdict in the case of Uday Mohanlal Acharya v. State of Maharashtra, which elaborated on the law on the point as to the rights of an accused who is in custody pending investigation and where the investigation is not completed within the period prescribed under Section 167(2) of the Code.
In Uday Mohanlal case, the Supreme Court held that on the expiry of the said period of 90 days or 60 days, as the case may be, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency in the completion of the investigation within the period prescribed and the accused is entitled to be released on bail, if he is prepared to and furnishes the bail as directed by the Magistrate.
Reference was also made to Law Commission’s recommendation, whereby it was observed that such remand beyond the statutory period fixed under Section 167 would lead to serious abuse and therefore some time limit was required to be placed on the power of the police to obtain remand and as such the maximum period for completion of investigation was suggested.
The Supreme Court in the case noted that the letter of and spirit behind enactment of Section 167 of the Code as it stands thus mandates that the investigation ought to be completed within the period prescribed.

Tags:

#Best Divorce Lawyer in Rohini, #Best Divorce Lawyer in Rohini Court, #Best Divorce Lawyer in Pitampura, #Best Matrimonial Case Lawyer in Rohini Court