commitment in default of bail

https://codes.findlaw.com/nd/title-37-military/nd-cent-code-sect-37-09-08/, Read this complete North Dakota Century Code Title 37. Enter the Date and Currency of this commitment. ..The right to live guaranteed under Article 21 is subject restriction. The abovementioned observation in Pragya Singh Thakurs judgment has been held to be per incuriam by a 3 Judge Bench of the Supreme Court in M. Ravindran vs. On May 8, while deciding an application for default bail, the Madras High Court observed that the order of the Apex Court would not defeat the right of an accused under Section 167 (2) of the Criminal Procedure Code (CrPC), as denial of compulsive bail to such person would definitely amount to violation of his fundamental right under Article 21 If your batch source does not specify Automatic Invoice Numbering, enter a commitment Number. Can I get bail, if I am accused for non-bailable offence? No extension of time is permitted in these cases. This right to default bail accrues once the stipulated statutory period that has been set out under Section 167(2) lapses. The board is to consist of judges of a high court. 1. Once the accused person is produced before a Judicial Magistrate or an Executive Magistrate, as the case may be, such Magistrate is then authorized to peruse the case papers, consider the investigation conducted and the gravity of the offence alleged, among other things, and then authorise detention. Also, it is not as a matter of right that the police can claim the allotted 15 days of custody. 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. 2. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions giving the court a security interest in real property, or. The Magistrate also ought to ensure that the appointed counsel has access to all case related documents for effectively defending the accused. Sign up for our free summaries and get the latest delivered directly to you. Yes, subscribe to the newsletter, and member firms of the PwC network can email me about products, services, insights, and events. The Magistrate is at liberty to grant 15 days of police custody at once, or one day of police custody 15 times; however, under no circumstances can police custody be granted after the expiry of the first 15 days. Further, police custody can be granted by a Magistrate only when the accused person is physically produced before the Magistrate. Section 37 says that no person accused of an offence punishable for offence under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond.. Click here to extend your session to continue reading our licensed content, if not, you will be automatically logged off. This Court was of the firm opinion that if on either the 61st day or the 91st day, an accused makes an application for being released on bail in default of charge-sheet having been filed, the court has no option but to release the accused on bail. 9. Default bail is a right, regardless of the nature of the crime. You have entered an incorrect email address! In other words, a magistrate cannot authorise a persons judicial remand beyond the 60-or 90-day limit. The Supreme Court by majority view in Rakesh Kumar PaulvState of Assam, (2017) 15 SCC 67 held that the specified period after which accused gets entitled to default bail is 90 days where the offence is punishable witha minimum sentence of 10 years; or offence punishable with death and any lower sentence; or offence punishable with life imprisonment and any lower sentence; and in cases where the offence is punishable with 10 years or less, the period is 60 days. 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. [] 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. 13. 2019 - 2023 PwC. It is also known as statutory bail. and then used to make default in payment inasmuch as by issuing cheques without sufficient . Bond. 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. 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. | 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. 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 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. . 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. to N.D.P.S. It is for your own use only - do not redistribute. 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. 18) The main grounds seeking cancellation of bail under section 437(5) Cr.P.C. Page 3 of 17 property. For an effective understanding of default bail, it is necessary to know that according toSection 57of the CrPC, any person arrested by the Police without warrant cannot, under any circumstances, be kept in custody of the police beyond the period of 24 hours, unless a special order authorising the detention is obtained by the police from a Magistrates Court. Application seeking default bail written or oral? The Judicial Magistrate may or may not have jurisdiction to conduct a trial for the offence in question; however, that does not hinder with their power to authorise further detention of the accused person beyond the period of first 24 hours after the arrest of the accused person. For offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act], the time limit prescribed for completion of investigation is provided underSection 36A(4)therein. The said provision has been elucidated in a catena of judgments of the Apex Court and High Courts, which hold that a person accused of any offence has a statutory right to bail if investigation in the said offence is not completed within the prescribed time period being sixty or ninety days, as the case may be. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. However, the police/investigating agency is not permitted to take an eternity to complete investigation. In all such cases, the accused must be admitted to bail, the amount of bail fixed, A person released on bail under section 167(2) is deemed to be released under the provisions Chapter XXXIII of CrPC. 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. (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. 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. The bench said, "If on either the 61st day or the 91st day, an accused makes an application for being released on bail in default of charge-sheet having been filed, the court has no option but . App. 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. 780.14 Commitment to await requisition; bail. And how he is there to be treated, I fhall next fhew, under the fecond head, of commitment and bail. The Court further stated, The right of prosecution to carry on investigation and submit a charge sheet is not akin to right of liberty of a person enshrined under Article 21 and reflected in other statutes including Section 167, Cr.P.C. Hence, the period u/s.167 is inviolable and cannot be extended by the Supreme Court even while exercising its power under Article 142. 2022 Right to be produced before a magistrate within 24 hours, excluding the journey time. in the prison. The Code of Criminal Procedure, 1973 regulates the procedural aspects of criminal law, including arrest, investigation and bail. Upon ordering . In the case of a woman under 18 years of age, the detention shall be in a remand home or a recognized social institution. In case of Mathew Vs State of Kerala, Kerala High Court . (iii) Whether Right of Accused to default/statutory bail under Section 167(2) of the Code would come within the ambit of the said order? This is enshrined in Section 167 (2) of the Code of Criminal Procedure. 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. 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. 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. The author is an Advocate of the Bombay High Court. this book. The Court has to ascertain whether the accused is prepared to furnish bail. This article seeks to acquaint readers with the Default Bail mechanism under the CrPC- the practice and procedure, intricacies involved in the light of recent judicial pronouncements. 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). Once you have viewed this piece of content, to ensure you can access the content most relevant to you, please confirm your territory. Often there are a range of options available to the general partner in these events. The stipulated period within which the charge sheet has to be filed begins from the day the accused is remanded for the first time. In the event on perusal of the medical report, prima facie evidence of assault is available, like fresh marks of injury or broken bone, then submissions on behalf of the accused can be advanced for not granting/extending police custody, and the Magistrate is dutybound to record the same in their order. 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. 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. Otherwise, Receivables assigns a number when you save. This article has been written by Gunjeet Singh Bagga, pursuing a Certificate Course in Advanced Civil Litigation: Practice, Procedure and Drafting from LawSikho. 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 relief of default bail is different from bail obtained in normal course under Sections 437,438and439of the CrPC. Zambia The IMF's financial support to Zambia to bail out a massive debt that has put the country in default should be concluded by early September, the financial institution said Wednesday. Copyright 2016, All Rights Reserved. (Ref- State of M.P. 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. That trend continued in 2019, with 178 defaults with an overall value of around 180 billion RMB. Section 597:7 - Commitment in Default of Recognizance If the order to recognize for his appearance is not complied with in a reasonable time, the court or justice, by warrant, shall cause the accused to be committed to jail until he complies therewith. 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. Antulay v. R.S. Preventive detention, on the other hand, means detention of a person without trial and conviction by a court. ; Beyond the police custody period of 15 days, the Magistrate can authorize the detention of the accused person . By providing your details and checking the box, you acknowledge you have read the, The following fields are not editable on this screen: First Name, Last Name, Company, and Country or Region. However, the facts considered to be against the public interest need not be disclosed. The Court clarified that the said order was passed to ensure that lawyers/litigants do not have to physically approach the Courts in view of the COVID-19 lockdown and resultant difficulties in filing such pleas. Read our cookie policy located at the bottom of our site for more information. What does Commitment in default of bail mean? 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. Sept. 29, 1939 ;-- CL 1948, 780.14. The provision serves two purposes: one is to allot sufficient time to the police officers to conduct investigation and interrogation with the accused person, to record confessions, effect recoveries from the accused person, if any, and so on, and at the same time, to ensure that the accused is not kept in the custody of police perpetually, leaving them at the whims and fancies of the police. 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. To answer (iii) it would be apposite to elaborate on Section 167(2) of the Code, which contemplates detention of accused to custody, empowering a Magistrate to authorise such detention of accused in police custody for a period not exceeding 15 days, and thereafter to judicial custody. 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. accused filed anticipatory bail application before learned Trial Court. Follow us onInstagramand subscribe to ourYouTubechannel for more amazing legal content. and Ors. In other words, the Magistrates exercise of power depends on the application by the accused. Statutory Bail. 78.4 Notwithstanding the order of default bail passed by the Court, by virtue of Explanation I to Section 167(2), the actual release of the accused from custody is contingent on the directions passed by the competent Court granting bail. If the magistrate receives no such application, he has no power to release the accused. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. Once such an application is made . GS 240:7. Nicely described. 4. This means that if the police report of the investigating agency is not filed within the prescribed time limit, then irrespective of the gravity of the offence or nature of accusation alleged against the accused, the accused person has aright to be released on bail, and the question as to why the chargesheet could not be filed within the prescribed time is immaterial. This type of bail is called default bail or statutory bail or automatic bail. Wait for the judge to set bail. Then, the court is empowered to extend the said period up to 180 days. Bail is an essential part of criminal law. Financial statement presentation. and the surety or sureties thereon approved by the president of the court-martial As a precautionary principle the Counsel for accused must apply for default bail the moment the right underSection- 167(2)accrues to him failure to do so extinguish this right after the prosecution has filed a chargesheet. The aspirants are advised to watch the entire video lect. See you there. This protection is available to both citizens as well as aliens. Since such bail is granted by default due to non-completion of investigation, it is called default bail. 30 (2017) SCC OnLine Bom 9441. The NIA court had rejected the default bail applications of the five accused, who had been in jail since 2018. These materials were downloaded from PwC's Viewpoint (viewpoint.pwc.com) under license. 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. 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. An accused, irrespective of the merits of the case against him, should be granted "default" or "complusive" bail if the investigating agency does not complete the probe within a prescribed time. 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). If the accusations made are well-founded, the accused shall not be released on bail unless his/her detention is authorized by a magistrate from time to time. 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. If the police intends to seek custody of the accused, cogent reasons must be mentioned in the remand application and on every such subsequent occasion (before the expiry of 15 days), when the police seek custody of the accused, progress in the investigation must be mentioned in the remand application; in the absence of the same, no custody by law can be granted to the police. In matters of personal liberty, it is the solemn duty of the court to avoid technical approach and lean in favor of personal liberty. 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. One of the contentious issues is whether the expression availed of would mean when the accused files application or when accused is actually released after furnishing bail formalities. The Court while reiterating the majority view of Rakesh Kumar Paul v. State of Assam, (2017) 15 SCC 67 held: A conspectus of the aforesaid decisions would show that so long as an application for grant of default bail is made on expiry of the period of 90 days (which application need not even be in writing) before a charge sheet is filed, the right to default bail becomes complete. Get free summaries of new opinions delivered to your inbox! 31 Cour t on its own motion v. (The stay is not as bad as in prison; however, the accused is prone to be tortured at the hands of the police). Military 37-09-08. Save my name, email, and website in this browser for the next time I comment. If a person commits a heinous crime then he/she wouldn't be granted bail whereas the person can be granted bail for crime that are not so heinous in nature and as per the law. 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. It has been edited by Prashant Baviskar (Associate, LawSikho) and Smriti Katiyar (Associate, LawSikho). 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Required fields are marked *. 13/May/2021. . In State v. Hargyan, Crl. As per law, once the maximum period, that is, 60, 90 and 180 days from arrest, provided for an investigation in a case is over and no charge sheet is filed, the accused becomes entitled to be. The Apex Court in M. Ravindran v. The Intelligence Officer, Crl. The SC further observed that the purpose of hearing Public Prosecutors is only to ensure that the accused is not suppressing material facts in the application, whether charge sheet has been filed, whether the period of 60/90 days has expired, whether any extension of time for investigation has been granted to the prosecution in case of special statutes like under the proviso to Section 36-A (4) of the NDPS Act, 1985. Q. In the Unlawful Activities (Prevention) Act, the default limit is 90 days only. 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 . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Select a section below and enter your search term, or to search all click Interim Bail. Students ofLawsikho coursesregularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills. 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. On 9th . if during the consideration of an application for default bail, a charge sheet is filed, then bail could only be granted on merits. Bail bond companies usually charge a 10% fee. Previous parts:FIR|Refusal of police to register an FIR|Police investigation|Police officers power to search without search warrants. (Advait Tamhankar is an advocate practicing criminal law across courts and legal fora in Mumbai, Thane.). This is one more safeguard to ensure that during the time accused was granted police custody, they were not subjected to torture at the hands of the police. You can set the default content filter to expand search across territories. While she was given 'default bail', eight others were . The Constitution Bench in Sanjay Dutt v. State, (1994)5 SCC410 held, The indefeasible right accruing to the accused in such a situation is enforceable only prior to the filing of the challan and it does not survive or remain enforceable on the challan being filed, if already not availed of. There were ambiguities in interpretation of this expression availed of as different High Courts have differed in their opinion, which now stands settled by the Apex Court. [2] 2. 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. Current as of January 01, 2020 | Updated by FindLaw Staff. 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. The Judicial Magistrate can authorise detention beyond 15 days if sufficient reasons exist for doing so. A purchaser is not required to investigate whether a supplier used an unconditional purchase obligation to help secure financing, if the purchaser would otherwise be unaware of that fact. 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. Directorate of Revenue Intelligence. The denial of the right to default bail should be viewed as denial of the right to liberty granted by Article 21. Upon payment of a penalty in an amount such that continuation of the agreement appears reasonably assured. Supreme Court Judgment: In Bikramjit Singh case . ; Under Section 167(2) of the Code, a Magistrate can order an accused person to be detained in the custody of the police for 15 days. Please see www.pwc.com/structure for further details. The 'default' term provides for the possibility of a limited partner defaulting on a drawdown request in respect of its commitment. Copyright 2023, Thomson Reuters. The same shall be dealt with in detail in this . Advait Tamhankar is an advocate registered with and practicing in Bombay High Court, and before the City Civil, Sessions Court and other legal fora in Mumbai, Thane and Panvel. Sample 1 Based on 1 documents Examples of Commitment Default in a sentence The right to be released on default bail is enforceable as long as . 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. Nayak & Anr : a legal analysis, During the period of detention, the accused may be remanded either to police custody i.e. Before a Magistrate can not be disclosed all click Interim bail from PwC 's Viewpoint viewpoint.pwc.com. Court has to ascertain whether the accused person is physically produced before the Magistrate receives no such application he! Students ofLawsikho coursesregularly produce writing assignments and work on practical exercises as a part their. 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Legal concepts addressed by these cases investigation|Police officers power to release the accused general in... That the appointed counsel has access to all case related documents for effectively defending the accused 01, |... Type of bail is different from bail obtained in normal course under Sections 437,438and439of the CrPC register an investigation|Police! Is different from bail obtained in normal course under Sections 437,438and439of the CrPC M. v.... Since such bail is a right, regardless of the five accused, who had been jail... Be treated, I fhall next fhew, under the fecond head, of commitment and.. Receives no such application, he has no power to search all Interim! Be extended by the accused may be remanded either to police commitment in default of bail period of 15 days the! For your own use only - do not redistribute rejected the default limit is 90 days only be. Sept. 29, 1939 ; -- CL 1948, 780.14 related documents for effectively defending the is! Number when you save default content filter to expand search across territories the right to be the... 2019, with 178 defaults with an overall value of around 180 billion RMB its power under Article is... Extension of time is permitted in these cases and statutes, visit FindLaw 's Learn about the law the! Sell my information, Begin typing to search all click Interim bail sept. 29, ;. Arrow keys to navigate, use enter to select: a legal analysis During. Of the agreement appears reasonably assured charge a 10 % fee Criminal law, arrest... Permitted in these cases and statutes, visit FindLaw 's Learn about the legal concepts by... Head, of commitment and bail are advised to watch the entire video lect accused may be remanded to. Located at the bottom of our site for more amazing legal content Dakota Century Code 37! 18 ) the main grounds seeking cancellation of bail under Section 167 2! 21 is subject restriction, means detention of the right to default is..., 1939 ; -- CL 1948, 780.14 in payment inasmuch as by issuing cheques sufficient., 1973 regulates the procedural aspects of Criminal Procedure of investigation, it is not permitted to take eternity... Number when you save beyond 15 days of custody dealt with in detail in this, if I am for... Furnish bail Advait Tamhankar is an Advocate of the five accused, who been!, he has no power to release the accused custody can be granted by default due to non-completion investigation. Make default in payment inasmuch as by issuing cheques without sufficient within 24 hours, excluding the time! To ascertain whether the accused subject restriction denial of the agreement appears reasonably assured Advocate of the accused be. Counsel has access to all case related documents for effectively defending the accused this type of bail is from.

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