BAIL TO ACCUSED IF CHARGE SHEET NOT FILED WITHIN 90 DAYS

BAIL TO ACCUSED IF CHARGE SHEET NOT FILED WITHIN 90 DAYS

19TH DECEMBER 2020

The Jammu and Kashmir High Court held that it’s the duty of the court to release an accused on default bail if the investigation agency does not complete its probe within the prescribed time limit as per the law.

The High Court observed that it is clear that once the petitioner had applied for a grant of bail after the expiry of the stipulated time limit for investigation, it is the duty of the Court to release him on bail forthwith without any unnecessary delay.

Furthermore, the high court has also observed during the course of allowing a default bail application of petitioner Gurdev Singh, an accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. He had been arrested in February 2020 under the NDPS Act, and the charge-sheet was filed against him on June 23, i.e., after 122 days of his arrest.