Team  SoOLEGAL

Period of 90/60 days for computing default bail starts from the date of remand and not from unlawful custody

Team SoOLEGAL 10 Feb 2021 3:11pm

Period of 90/60 days for computing default bail starts from the date of remand and not from unlawful custody

Bombay High Court while hearing the bail application of Senior Journalist Gautam Nalakha rejected the application stating that an accused can file a bail application after completion of 90 days period as described under Section 167(2) of Cr.P.C. The Court found that Gautam Nalakha was in unlawful custody and those days would not be calculated under the 90 days time period.

Gautam Nalakha was arrested twice for Elgar Parishad Maoist case. First was on 28.08.2018 and second time when he surrendered on 14.04.2020. Delhi High Court gave an order of house arrest against him, but then he was released when the court found that his arrest was illegal.

The Division Bench said that Gautam Nalakha had spent 34 days in house arrest but this time period would not be counted under the 90 days time period because those 34 days were unlawful arrest. The court mentioned that during the time period of his house arrest, he can only be in touch or interact with his family members and his lawyers only. No interrogation by police officers took place as the court had directed that he should be kept imprisoned at the same place where he was arrested.

The Court said that under Section 167(2) of Cr.P.C., the magistrate ordered detention and the 90 days time period will only start counting from the day of detention and on completion of these 90 days, default bail application can be filed. But here, in this case, the time period of his house arrest counts as unlawful.

Gautam Nalakha was accused for violating various sections of Unlawful Activities Prevention Act, and NIA is investigating the allegations. After his bail application was rejected by NIA Court in June 2020, he appealed to the Bombay High Court for his default bail.



Tagged: Bombay High Court   Senior Journalist Gautam Nalakha   bail application   Elgar Parishad Maoist case   Delhi High Court   Division Bench  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.