Multiple choice

On the non-completion of investigation, ie., failure of the prosecution to file charge sheet within the prescribed period of 90 or 60 days, as given in Section 167 of Code of Criminal Procedure, the

  1. accused person is to be discharged unconditionally

  2. accused person shall be released on bail if he is prepared to and does furnish bail

  3. right of the accused person to be released on bail could be defeated by the subsequent filing of the charge sheet under any circumstance

  4. None of these
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B Correct answer
Explanation

Under CrPC Section 167(2), when investigation is not complete within 90 days (or 60 days for offences punishable with less than 10 years imprisonment), the accused shall be released on bail if prepared to furnish bail. This right to bail is absolute and cannot be defeated by subsequent filing of charge sheet. Section 167(2) makes it clear that failure to complete investigation within the prescribed period entitles the accused to bail as a matter of right.

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