Right of Accused: Court Grants Bail for Delay in Filing Charge Sheet


August 20, 2018

In this recent case, the High Court of Kerala while recognizing the right of the accused, released the accused on Bail on the ground that charge sheet was not filed in the case within the prescribed period.


Right of the accused

Case name: Sanal v. State of Kerala

The Applicant in the case was held liable for criminal offence punishable under Section 420 r/w. Section 34 of the IPC. The applicant applied for bail on the ground that more than 60 days had elapsed and the charge sheet was not filed in the case.

The High Court of Kerala, while releasing the applicant on bail noted that the applicant was entitled to be released on bail on the default of the prosecution in filing the charge sheet within the prescribed period, which is 60 days in the instant case.

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