You have not specified the law under which your husband has been arrested. You have merely mentioned sections 4 and 5, but of which Act or law, that has not been mentioned.
In any case, you don’t have to wait for filing of charge sheet for getting bail. Immediately after arrest, you can apply for bail before the appropriate court. If it is a bailable offence, then bail is as good as a right under Section 436 of Cr.P.C. If it is a non-bailable offence, then bail can be sought under Section 437 of Cr.P.C. from the Magistrate court or under Section 439 of Cr.P.C. from the Sessions Court or the high court, depending upon the nature of the offence.
Generally speaking, there is no maximum time period for filing of charge sheet prescribed under law. However, for summons cases (i.e., a case NOT relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two year), the following legal provision exists in Section 167(5) of Cr.P.C.:
“(5) If in any case triable by Magistrate as a summons case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.”
Other than this, there is no general provision for putting a maximum time limit on the filing of charge sheet. However, if an accused is under arrest and if the charge sheet is not filed within 90 days or 60 days (depending upon the gravity / seriousness of the case), then he may seek default bail after such period if the charge sheet is not filed within that period [See: sub-section (2) of Section 167 of Cr.P.C., for more details]. But, this does not mean that there is a maximum time limit for filing charge sheet; it only means that if the charge sheet is delayed beyond these periods then the accused under arrest will get right to be released on bail on this ground alone.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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