CrPC in short, Criminal Procedure Code provides for bail during certain intervals. Let us see the provision which provides for detention.
As per section 167 of CrPC:-
Executive Magistrate can order detention only for 7 days.
Judicial Magistrate cannot order detention exceeding 15 days in usual course for any offence.
Sessions/District Judge can order Detention upto 90 days only when the offence relates to punishable with death, imprisonment for life or imprisonment for less than 10 years.
Sessions /District Judge can order Detention for 60 days for all other offences.
If the arrests has been made, then investigation not beyond 6 months except sufficient and reasonable cause.
On expiry of these periods, accused is entitled for automatic bail that just happened in this case.
Read the news snippet below:
Default Bail by Courts in a Criminal Case
Police failed to present challan/chargesheet within 90/60 days and the benefit of default Bail was granted to accused.
Law point – since a non bailable section was added to challan, the accused has to apply for bail again.
Now the trial will proceed and issues will be framed. Then the prosecution will lead evidence and examine witnesses in their favour for which cross examination opportunity is given to accused.
Accused will also lead evidence and bring witnesses to prove his case who will be cross examined too.
313 statement happens in between where judge formally asks whether the accused pleads guilty or not and why shouldn’t be the trial conducted against him.
Criminal law is a myriad field and everyday is full of surprises in the court.
What is certain is unclear and what is clear is always dubbed as concocted. The reality seems to twisted and mystic. So for criminal Matters, it is better to be in the hands of an experienced criminal lawyers of Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi.
More to come from LegalSeva. Dial 7888-356908 for more info or legal opinion on any criminal Matter.