Bail and Criminal Trial Procedure
A relative of mine was detained after an FIR was lodged against him for fraud. The facts are complicated, but the bottom line is that he--in good faith--solicited an investment from an investor into a venture that ultimately failed. Now this investor has accused my relative of cheating.
On the strength of this FIR, my relative was remanded to judicial custody. He has applied for bail and been refused. Just now, after 2 months in custody, charges were approved by the public prosecutor and are scheduled to come before a court for framing.
1. The trial courts that refused my relative bail specified no grounds for their refusal, other than the seriousness of a 420 fraud offense. Isn't it the case that, in Indian courts, there is a strong presumption in favor of bail, and that grounds must be affirmatively proved for denying bail? I understand that the Supreme Court of India has consistently said that to deny bail, there must be a showing that the accused is likely to offend again, is likely to flee or tamper with evidence, or has a past criminal record (my relative does not).
2. Is there a certain time limit restricting the length of time that my relative can be detained with a formal framing of the charges against him by a court?