Legal Question in Criminal Law in India

My cousin has been in custody for almost 90 days now (FIR is u/s 302 IPC). Bail has already been rejected several times. I would like to know what the rules are for bail u/s 167 (2)CrPC.

1. If the arrest was made in late afternoon, will that day be counted as 1 full day of custody?

2. If on the 91st day I file bail application but the date of hearing fixed by Court is after several days AND within the days between filing and hearing the I.O. files charge sheet - what happens?

Any case laws on the above two points, which I can refer to, will be most appreciated.

Thank you


Asked on 8/07/13, 12:28 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may need to engage a local defence lawyer for appropriate help.

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Answered on 8/07/13, 9:43 am


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