Petition or Application for Writ of Habeas Corpus on Behalf of Prisoner on the Grounds of Excessive Bail
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The procedure provides a means for prison inmates, or others acting on their behalf, to dispute the legal basis for confinement.Often, the court holds a hearing on the matter, during which the inmate and the government can both present evidence about whether there is a lawful basis for jailing the person.
So that a petition for writ of habeas corpus under Article 226 can of course be filed by the person in detention or custody, and it can also be filed, on his behalf, by a friend or relation for this reason that such a person is in a position to make an affidavit that the detenu himself is not able to move in the matter
Known as "the Great Writ," habeas corpus gives individuals the power to get help from courts to keep government and any other institutions that may imprison people in check.The writ of habeas corpus gives jailed suspects the right to ask a judge to set them free or order an end to improper jail conditions.
All applications for writs or orders in the nature of writs of Habeas Corpus under Article 226 of the Constitution of India shall be made to the Division Bench taking criminal business of the Appellate Side of the High Court duly verified by oath or affidavit setting forth the circumstances under which the writ or
(b) A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons: (1) False evidence that is substantially material or probative on the issue of guilt or punishment was introduced against a person at any hearing or trial relating to his incarceration; or (2) False physical evidence, believed
The petition for a writ of habeas corpus must be accompanied by the full $5.00 filing fee. If you want to commence an action without prepayment of fees or security therefor, you must file a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review.