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Ashok Upadhyay
in Criminal Law Procedural Law
Asked June 18, 2017

Reasons for granting bail

  • 1 Answer

Is it mandatory for court to accept the bail because accused in judical coustady for 90 days after presenting the chargesheet.

Answer 1



It is understandable that, the interpretation of Sec 167 of the Criminal procedure, provides for application of judicial mind to determine whether the circumstances justify the detention, of the accused in judicial custody or whether can be out on bail.

However, it is mandatory to entertain the application of bail by magistrate as time period of nineteen days has already been lapsed. But the application may be rejected if magistrate is not having the jurisdiction or it may extend the detention for a terms of not exceeding Seven days but after it would be mantaory to grant bail as it would be the maximum time the person can be detained. 


Jayant Garg 

Agree Comment 0 Agrees almost 4 years ago

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