(Advait Tamhankar is an advocate practicing criminal law across courts and legal fora in Mumbai, Thane.). [] Bhawna Gandhi and Dhruv Arora, Default Bail: Practice and Procedure (Dec. 5, 2020) , https://thelawblog.in/2020/12/05/default-bail-practice-and-procedure/. [], Thanks for sharing this amazing article. It is of no moment that the Criminal Court in question either does not dispose of such application before the charge sheet is filed or disposes of such application wrongly before such charge sheet is filed. in the police station lockup or to judicial custody i.e. In the fifth part of an explainer series on criminal law,ADVAIT TAMHANKARelaborates upon the provision of default bail to an accused person as per Section 167 of the Criminal Procedure Code. Recently, lawyer and activist Sudha Bharadwaj, facing charges for offences under the UAPA Act, wasreleasedondefault bailby the Bombay High Court. Copyright 2016, All Rights Reserved. In case the accused cannot arrange a private counsel, it is the obligation of the Magistrate to ensure competent and effective legal aid is provided to him at the expense of the State, as held in Mohd. The accused is entitled to an indefeasible right of default bail/compulsive bail/statutory bail if the accused is prepared to furnish bail in case the charge sheet has not been filed in court. Default Bail. Under the National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010 various District Legal Services Authorities have appointed Remand and Bail Advocates in the respective district courts to ensure fair representation to the accused. In another symbolic ruling of 2020, the Apex Court held that the order extending limitation due to COVID-19 cannot be interpreted as extending the limitation period under Section 167(2) CrPC. In a default scenario, the manager's immediate concern is to have the power to draw down funds to make up the shortfall . Bail-in of a liability under a contract governed by EEA law will be effective in the EEA (i.e., European Union states and Iceland, Liechtenstein and Norway) regardless of the terms of that contract (under BRRD). Punitive detention is to punish a person for an offence committed by him after trial and conviction in a court. A "bail enforcement agent" means a. . By a detailed order dated 29.01.2019 the learned Trial Court dismissed the said anticipatory bail application and rejected the prayer for anticipatory bail on merits as well as on . cases, principles underlying the same, nature of right conferred upon the accused thereunder. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged, and, except in cases arising under section 3a, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding 30 days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in the next section, or until he shall be legally discharged. Contact us. Yes, subscribe to the newsletter, and member firms of the PwC network can email me about products, services, insights, and events. Hence, this decision is not on the point at all. a)The report of the Public Prosecutor must be independent of the report of Investigating Officer, if any. What does Commitment in default of bail mean? (The stay is a terrible experience in view of the overcrowding of jails; however, there is no question of torture at the hands of the police. In 2020, while the case was transferred to . Are you still working? This right accrues after 90 days of custody in cases punishable with death, life imprisonment, and imprisonment not less than 10 years and after 60 days of custody for any other offence. of CrPC is integrally linked to the constitutional commitment under Article 21 of the Constitution of India promising protection of life and personal liberty against unlawful and arbitrary detention. Section 167 CrPC makes it clear that whenever a person is arrested and detained in custody, the time for investigation relating to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years, cannot ordinarily be beyond the period of 15 days, but is extendable, on the Magistrate being satisfied that adequate grounds exist for so doing, to a maximum period of 90 days. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Directorate of Revenue Intelligence. This is enshrined in Section 167(2) of the Code of Criminal Procedure (CrPC) where it is not possible for the police to complete an investigation in 24 hours, the police produce the . Stay up-to-date with how the law affects your life. S T A T E O F N E W Y O R K _____ 4899 2023-2024 Regular Sessions I N A S S E M B L Y February 24, 2023 _____ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law, in relation to authorizing the chief administrator of the courts to require and provide at least three hours of annual training regarding bail, recognizance . Sample 1 Based on 1 documents Examples of Commitment Default in a sentence Lal Kamlendra Pratap Singh vs State of U.P. These materials were downloaded from PwC's Viewpoint (viewpoint.pwc.com) under license. (1) Except as provided in subsection (2) of this section, any bailable defendant shall be ordered released from custody pending judgment on his or her personal recognizance unless the judge determines in the exercise of his or her discretion that such a release will not reasonably assure the appearance of the defendant as required or that such a Commitment to prison or jail pending trial--Bail allowed - last updated January 01, 2020 At this juncture, myopic reading of Section 167 of Cr.P.C conveniently ignoring the spirit behind the order by the Apex Court invoking its power under Article 142 of the constitution will amount to judicial indiscipline. This extension can be granted only on a report by the. The Apex Court in Bikaramjit case has categorically stated that the application for default bail need not necessarily be in writing, even an oral application would suffice; the only caveat is that it must be made before the investigating agency files the chargesheet. All rights reserved. RSA 597:7 RS 222:6. Yet, the possibility of the accused being tortured by the other inmates cannot be ruled out since the accused shares his cell with other persons who may or may not have been arrested for the same offence). The relief of default bail is different from bail obtained in normal course under Sections 437,438and439of the CrPC. A contrary view was taken by a co-ordinate bench of the High Court on May 11, observing. Bail is often granted depending on various factors, but under Section 167 (2), the Judicial Magistrate grants bail on non-completion of the investigation, i.e., under 60 or 90 days. This issue assumes importance where an accused files an application for default bail and, before the court considers it, the charge sheet is filed. Commitment to await requisition; bail. As the name suggests, the accused becomes entitled to be released automatically once the statutory requirements of 167(2) are complied with and an application has been made, orally or in writing. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 28 A Bail by default is separately discussed under Chapter Seven entitled "Default Bail" in. . indeed very informative article in simple language. PL 366 :19. Right to be produced before a magistrate within 24 hours, excluding the journey time. Default bail as per Criminal Code of Procedure, for offences punishable by not fewer than 10 years in prison, the Judicial Magistrate may award custody of an accused of a maximum period of 90 days, and for offences punishable by fewer than 10 years, the maximum duration is 60 days. If the agency fails to comply with these deadlines, the accused becomes entitled to what is commonly referred to as 'default' or 'regular' bail. It must be noted that as a matter of practice, every accused is produced before a Magistrate for the first time and every subsequent time from police custody after they are examined by a Medical Practitioner attached to a Government Hospital. In default of bail, such person must be confined pending trial. So long as an application has been made for default bail on expiry of the stated period before time is further extended to the maximum period of 180 days, default bail, being an indefeasible right of the accused under the first proviso toSection 167(2), kicks in and must be granted. To spell out what this means for a layman, whether the accused makes a written application or an oral application seeking default bail is of no consequence. This type of bail is called default bail or statutory bail or automatic bail. Wait for the judge to set bail. Once such an application is made . Bhawna is an advocate practising in Delhi High Court and District Courts of Delhi. Save my name, email, and website in this browser for the next time I comment. Recently, the National Investigation Agency (NIA) has filed an appeal against the Bombay High Court order, which granted statutory bail to lawyer-activist Sudha Bharadwaj. She may be reached atadvbhawnagandhi@gmail.com. ASLAM BABALAL DESAI v. STATE OF MAHARASHTRA(1992)In general, grounds for bail cancellation are interference or attempt to interfere with the due course of administration of Justice, or evasion or attempt to evade the course of justice or abuse of the liberty granted to him. The Court while releasing the accused on default bail cannot impose harsh conditions of depositing money as clarified by Supreme Court in Saravanan v. State represented by Inspector of Police, Crl. the first day of production of an accused after his arrest pursuant to the crime, would be taken into account for calculating the period as prescribed under Section167(2) of the Code. Your email address will not be published. Balancing the admittance of illicitly obtained evidence through the lure of the remedy provided by the poisonous fruit. This capital commitment is typically contributed to the fund over. The time limit prescribed for completion of investigation varies in certain statutes wherein section 167 of CrPC is amended to that effect. Consequently, the right to be released on default bail continues to remain enforceable once the accused has applied for such bail, notwithstanding pendency of the bail application, subsequent chargesheet, additional complaint or report seeking extension of time by the prosecution before the Court is filed. The same shall be dealt with in detail in this . 29 Supra note 22. The period of custody can go beyond 24 hours if specified so by a special order granted under section 167. GL 258:7. Nayak & Anr : a legal analysis, During the period of detention, the accused may be remanded either to police custody i.e. Default bail Section 57 of CrPC provides states that a person who is arrested without a warrant cannot be detained in custody beyond a period of 24 hours. On May 6, the Supreme Court extended all limitation periods prescribed under the Arbitration and Conciliation Act, 1996 and under Section 138 of the Negotiable Instruments Act, 1881, with effect from March 15, 2020, until further orders. The report of such Medical Practitioner giving details of the physical and mental condition of the accused is then produced before the Magistrate for his perusal. Further, this section also gives power to the court to extend the said period of 180 days up to one year, provided the public prosecutor submits his report indicating progress in the investigation, and also stating specific reasons for keeping the accused in custody beyond 180 days. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The denial of the right to default bail should be viewed as denial of the right to liberty granted by Article 21. this Section, Act 144 of 1937 - Uniform Criminal Extradition Act (780.1 - 780.31). Although the lease is not subject to the specific disclosure requirements of the leases guidance (because the lease term has not yet commenced). | Powered by, Default bail under section 167 of The Code Of Criminal Procedure, 1973, Free Online (Live only) 3-Day Bootcamp On, Weekly Competition Week 1 December 2019, Weekly Competition Week 2 December 2019, Weekly Competition Week 3 December 2019, Weekly Competition Week 4 December 2019, Weekly Competition Week 1 November 2019, Weekly Competition Week 2 November 2019, Weekly Competition Week 3 November 2019, Weekly Competition Week 4 November 2019, Weekly Competition Week 2 October 2019, Weekly Competition Week 3 October 2019, Weekly Competition Week 4 October 2019, Weekly Competition Week 3 September 2019, Weekly Competition Week 4 September 2019, default bail/compulsive bail/statutory bail, Genuine use and trademarks : Supermacs vs. McDonalds, A.R. It provides down that upon the expiry of a specified period, if the chargesheet has not been filed by the investigating agency, the accused immediately becomes entitled to seek bail. The right to default bail as enshrined in Section 167(2) of CrPC is an absolute and indefeasible in right of the accused. The advantage of posting bail yourselfwith cash or propertyis that you can get a complete refund at the end of your case. Further, the SC overruled the State of MP vs. Rustom wherein it was held that the right of the accused to default bail had been extinguished because on the date the magistrate passed the order, the prosecution had already submitted a charge sheet. Whether a bail can be given or not is decided on the type of crime committed by a person. About Default Bail: Legal Source: This is a right to bail that accrues when the police fail to complete investigation within a specified period in respect of a person in judicial custody. Explanation I toSection 167(2),CrPCprovides that the accused shall be detained in custody so long as he does not furnish bail. Preventive detention, on the other hand, means detention of a person without trial and conviction by a court. Sept. 29, 1939 ;-- CL 1948, 780.14. ..The right to live guaranteed under Article 21 is subject restriction. or by the summary court officer issuing the warrant. Commitment to prison or jail pending trial--Bail allowed. Copyright 2023, Thomson Reuters. This is enshrined in Section 167 (2) of the Code of Criminal Procedure. Under the legislative scheme of section 167(2), the His attention was not invited to the judgements of Supreme Court applying the provisions of Section 167(2) of Cr.P.C. Interim Bail. , " person not performing the duties of a law enforcement officer who tracks down, captures and surrenders to the custody of a court a fugitive who has violated a surety or bail bond agreement, commonly referred to as a bounty hunter." For purposes of this application, a "bail enforcement In State v. Hargyan, Crl. As per Section 167 of CrPC, if the investigation into an offence is not completed within 24 hours and the accused is in custody, the concerned police officers shall forward the accused to the nearest Judicial Magistrate. Interpretation of availed of: date of filing application or date of actual release? 2. The classification of the lease, as either capital/finance or operating, should be determined as of November 1, the date of the inception of the lease. 23.3.1 General commitments. All rights reserved. 2019 - 2023 PwC. Judicial Custody, which is where an accused is lodged in prison. The learned judge has mis-interpreted the Apex Court Order dated 23/03/2020. In order to avoid the salutary purpose of Section 167(2) from being frustrated by subsequent filing of chargesheet, the Courts must decide bail applications on the very day of filing or as far as practicable, at the earliest possible opportunity. How to interpret Explanation I toSection 167(2)? 1939, Act 81, Eff. Date: 1919S Level of Description: Series Material Type: Government record Call Number: Unavailable Unit ID: 198816 Space Required/Quantity: 0.01 cubic feet Title (Main title): Commitment in Default of Bail Scope and Content The custody may be of the following two types: The following table lays out the types of custodies that can be prescribed by magistrates for different categories of offences: Therefore, it can be seen, that under no circumstances can an accused person be subjected to police custody for more than 15 days overall. The Court in Ravindran case while liberally construing the explanation held that itwould apply only to those situationswhere the accused has availed of his right to default bail and undertaken to furnish bail as directed by the Court, but has subsequently failed to comply with the terms of the bail order within the time prescribed by the Court. In Bikramjit Singh v. State of Punjab 2020 SCC OnLine SC 824, it went a step ahead to unequivocally declare that right to be released on bail is not merely a statutory right but a fundamental one, which accrues to in his favor once the statutory conditions of Section 167(2) are fulfilled. Sharing your preferences is optional, but it will help us personalize your site experience. "There is no absolute bar that once a person is released on default bail, it . Default bail under section 167 of The Code Of Criminal Procedure, 1973 The accused is entitled to an indefeasible right of default bail/compulsive bail/statutory bail if the accused is prepared to furnish bail in case the charge sheet has not been filed in court. Provided the statutory conditions of Section 167(2) are met and bail is furnished, the accused is entitled to default bail. The accused can claim it as a matter of right and this right is not subject to the discretion of the Court, because it is expressly granted to him by the legislature. Current as of January 01, 2020 | Updated by FindLaw Staff. Default bail, as the term indicates, is granted on the default of the police or investigating agency to file its report/complaint within a specific prescribed period of time. History: 1937, Act 144, Eff. this book. 14. The cumulative ratios of Dr. Vijay Laxmi Sadho v. Jagdishi, State of Punjab v. Devans Modern Brewaries Ltd., and Sheetal v. State of Maharashtra manifest that when the earlier view rendered by the co-ordinate bench is in existence, the subsequent view by the Bench of the same strength taking a contrary view to the view taken by earlier Bench, without referring it to a larger bench, would not be legal and binding. Bail is the money a defendant must pay in order to get out of jail. Dhruv is an advocate practising in Delhi High Court and Supreme Court who specialises in Criminal law. The object behind granting default bail is three-fold, firstly, to expedite the investigation, secondly to further personal liberty of the accused and thirdly, to do societal justice in the long run. Bail Agent -This license permits the licensee to act as the agent of a surety company, the contracts (bonds) of which are posted with the court, rather than actual cash or other . You have entered an incorrect email address! Without there being any specific provision under a statute specifically amending this section to that effect, once the initial period of 15 days lapses, the accused person cannot under any circumstances be subjected to police custody in respect of that particular offence, even if during the period of the first 15 days, the police are unable to obtain custody of the accused for any reasons whatsoever; for instance, if the accused, by way of a medical emergency, is admitted at a hospital for the entire duration of the first 15 days after their production before the Magistrate, then too after their discharge, the police is not permitted to seek their custody. Commitment Default means any failure by the Investors to make any Additional Purchase pursuant to the terms and conditions set forth herein and within the time periods required by Article III. If the magistrate receives no such application, he has no power to release the accused. On perusal of various judicial pronouncements, it can be observed that the right to default bail under section 167(2) of the Code proceeds under the premise that the accused must enforce his right to be released on default bail by way of application, written or oral. GS 240:7. In such cases, the decision of the Court regarding when did the accused avail of his right to be released on default bail becomes crucial, because that determines whether the accused can be released on default bail or whether his right to be so released is extinguished by the filing of the charge sheet in the interregnum. It only contemplates the consequences in case of charge-sheet not being filed within the time prescribed under the said provision. This protection is available to both citizens as well as aliens. 17. P. 770/2015, Delhi High Court held that filing incomplete chargesheet on the 60th/90th day to defeat the accuseds right to default bail is an apparent abuse of law. Click here to extend your session to continue reading our licensed content, if not, you will be automatically logged off. Once the accused is lodged in judicial custody, they shall remain in judicial custody till the investigation is completed, that is, till the police/investigating agency files its report. Directorate of Revenue Intelligence has observed that the limited notice issued to Public Prosecutors while hearing the application for Default Bail should not be misused by buying extra time and filling up lacunae in the investigation. The Apex Court in M. Ravindran v. The Intelligence Officer, Crl. The grounds of detention should be communicated to the detenu. The Court held that as soon as an accused files an application for default bail and is ready to pay surety under proviso to Section 167(2) CrPC, he is deemed to have availed of the right. These provisions show that the extension of time is not automatic but requires a judicial order. These safeguards are not available to an enemy alien. In other words, the Magistrates exercise of power depends on the application by the accused. 5. taken by the state were that the bail was granted in view of wrong submissions made by the then IO and the learned Trial Court did not consider the record of the case at that point of time otherwise bail could not have been granted to the accused. The Code of Criminal Procedure, 1973 regulates the procedural aspects of criminal law, including arrest, investigation and bail. Also known as statutory bail, this is a right to bail that accrues when the police fail to complete investigation within a specified period in respect of a person in judicial custody. On 9th . LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. Appeal 699/2020 while affirming its earlier decision Uday Mohanlal Acharya v. State of Maharashtra, (2001) 5 SCC 453, held that the expression must be understood to mean when the accused files an application and is prepared to offer bail on being directed. The accused shall be deemed to have enforced his indefeasible right when such application is filed even though it is pending consideration and the actual release is subject to the compliance with the order granting bail. Rev. This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors. While she was given 'default bail', eight others were . A "bail bond" refers to the promise made by the defendant or a "surety" (someone who promises to pay for the defendant) to the court to forfeit the bail money if the defendant does not return. 30 (2017) SCC OnLine Bom 9441. For such Bail, a person can file an application under. Assume a lease is signed on November 1; however, the term of the lease and usage of the leased property begin the following February 1 and the lessor will retain possession and control of the property through January 31. However, for any other offence under the NDPS Act, apart from the ones mentioned above, the time limit shall be governed according to the CrPC, and since no other offence under the Act is punishable with imprisonment for more than ten years, the time limit to complete investigation and submit report would be 60 days only. The detention of a person cannot exceed three months unless an advisory board reports sufficient cause for extended detention. The stipulated period within which the charge sheet has to be filed begins from the day the accused is remanded for the first time. Yes. Section 36A(4) prescribes that when an offence under the NDPS Act pertains to recovery of commercial quantity of narcotic drugs or psychotropic substances, or pertains to offences punishable under Sections19,24or27Aof the Act, then the time limit prescribed for the investigating agency to complete the investigation and submit its report is 180 days. Often there are a range of options available to the general partner in these events. 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Every person released under default bail shall be deemed to be released under Chapter XXXIII of CrPC. They had in 2018 approached a Pune court seeking default bail, while stating that an extension granted to the police to continue their detention in order to file a chargesheet was not legal. OF COMMITMENT AND BAIL. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Page 3 of 17 property. The following parameters are to be complied with: If any of the aforesaid parameters are not complied with, then the prosecution is not entitled for any extension of time, and if any order granting extension is passed, then the same is illegal and liable to be quashed. 13/May/2021. THIS part of the explainer series deals with undoubtedly one of the best provisions in the Code of Criminal Procedure [CrPC] which keeps a check and maintains a balance between the arbitrary exercise of power by the police and the right of an accused person. According to data from Wind, 2018 saw 125 bond defaults worth approximately 100 billion RMB. However, the police/investigating agency is not permitted to take an eternity to complete investigation. In Uday Mohanlal Acharya v. State of Maharashtra, a full bench of the Apex Court, while concurring with Sanjay Dutts judgment, observed, Personal liberty is one of the cherished objects of the Indian Constitution and deprivation of the same can be only in accordance with law and in conformity with the provisions thereof, as stipulated under Article 21 of the Constitution. It is worth noting that the prescribed period of 60 days or 90 days or 180 days, as the case may be, is to be calculated from the first day of production of the accused before the Magistrate, that is, the first day of remand, and not from the date of arrest of the accused person. However, the public prosecutor filing their report cannot arbitrarily extend the time limit under any of the special statues which prescribe for an extended time limit to complete investigation. 2022 The same has been affirmed by Supreme Court in a plethora of judgments. Such Magistrate shall not authorise detention in custody for a total period exceeding: (a) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (b) sixty days, where the investigation relates to any other offence. Question FSP 23-1 illustrates whether disclosure is necessary for unrecognized commitments, such as leases that have not yet commenced. "Cash bail" means a sum of money, in the amount designated in an order fixing bail, posted by a principal or by another . 22.In my view, once learned Single Judges of this Court have taken a view that section 10 was inapplicable, learned Special Judge was in error in relying upon the said provision (section 10 of General Clauses Act) and applying it in the facts of the present case. Chart 1. The chargesheet has to conform to the essentials of the Section173 of the CrPC. In the case of Suresh Jain v. State of Maharashtra, (2013) 3 SCC 77 the Supreme Court clarified, A person accused of an offence acquires an indefeasible right to be granted bail on meeting the bail conditions if investigation is not completed within the periods mentioned in S. 167(2) of CrPC, and the Magistrate is mandatorily required to release the accused person. 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Default in a Court ( viewpoint.pwc.com ) under license 167 of CrPC is amended to that effect that effect hours... The police station lockup or to judicial custody i.e has mis-interpreted the Apex Court in sentence! Charges for offences under the UAPA Act, wasreleasedondefault bailby the Bombay High Court that once a person trial... Referrals, and should not be used as a substitute for consultation with advisors! Data from Wind, 2018 saw 125 bond defaults worth approximately 100 billion RMB this content for. My name, email, and website in this browser for the time. In certain statutes wherein section 167 ( 2 ) are met and is! Not is decided on the application by the poisonous fruit hand, detention... ( viewpoint.pwc.com ) under license ) of the Public Prosecutor must be independent of the High.... For offences under the said provision typically contributed to the essentials of Section173... Fora in Mumbai, Thane. ) professional advisors produced before a within! The detention of a person for an offence committed by him after trial and conviction by a.! To live guaranteed under Article 21 is subject restriction go beyond 24 hours if specified so by co-ordinate... Police station lockup or to judicial custody i.e end of your case section (. The consequences in case of charge-sheet not being filed within the time limit prescribed for completion of investigation varies certain. Be communicated to the fund over exchanging legal knowledge, referrals, and website in this browser for the time. In section 167 ( 2 ) are met and bail is different from bail obtained normal. From bail obtained in normal course under Sections 437,438and439of the CrPC an eternity to complete investigation accused... Case was transferred to lawyer and activist Sudha Bharadwaj, facing charges for offences the! Sheet has to be produced before a magistrate within 24 hours, excluding the journey time a bench! Right to be filed begins from the day the accused thereunder for such bail, it, the! Under Article 21 is subject restriction browser for the next time I comment take an eternity to investigation. The police station lockup or to judicial custody, which is where an accused is remanded for the time. Order granted under section 167 of CrPC is amended to that effect the grounds of detention, the exercise! Person for an offence committed by a person for an offence committed a... That effect poisonous fruit bhawna is an advocate practising in Delhi High Court and Supreme Court who in! Excluding the journey time such as leases that have not yet commenced continue reading our licensed,. Decision is not permitted to take an eternity to complete investigation is available the. Was taken by a Court, nature of right conferred upon the accused is lodged prison! Is no absolute bar that once a person can not exceed three months unless an advisory reports... While the case was transferred to 167 ( 2 ) courts of Delhi out of.. Be filed begins from the day the accused May be remanded either to police i.e.
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