Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to be released on default bail continues to remain enforceable if accused has applied for such bail, notwithstanding pendency of bail application or subsequent filing of charge sheet or a report seeking extension of time by prosecution before Court...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused when fails to apply for default bail when the right accrues to him and subsequently a charge sheet or a report seeking extension of time is preferred then right to default bail would be extinguished...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Inordinate delay in placing the order of sanction before Court - May entitle accused for grant of regular bail but not a ground to pray for statutory/default bail u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Filing of charge sheet is sufficient compliance of S.167 Cr.P.C. - An accused cannot claim default bail on the ground that cognizance is not taken before expiry of statutory time period to file the charge sheet...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed in time - Accused cannot claim default bail on the ground of non filing of sanction order...........
Criminal Procedure Code, 1973, Section 167(2), National Investigation Agency Act, 2008, Section 16 -- Default bail - Error on part of investigating agency in filing charge sheet first before Court of Magistrate instead of Special Court as notified u/s 22 of NIA Act and thereafter committing case to Court of Sessions, has nothing to do with right of accused to seek default..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet if filed without completing the investigation does not extinguish the right to default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Law as to : (a) Without completing the investigation of a case, a charge-sheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail u/s 167(2) Cr.P.C.; (b) Such a charge-sheet, if filed by an investigating authority without first..........
Criminal Procedure Code, 1973, Section 167(2), Constitution of India, 1950, Article 32 -- Default bail - It is a fundamental right directly flowing from Art.21 of Constitution of India - Violation of such a right, directly attracts consideration under Article 32 of Constitution...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused neither challenged the first extension which was granted in his absence nor challenged the second extension granted in his presence - Therefore, when charge sheet was filed within period of second extension, accused not entitled to be released on default bail - Default bail application rightly..........
