Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for default bail filed on expiry of stated period - The fact that appellant filed yet another application for default bail subsequently would not mean this application would wipe out the effect of earlier application that had been wrongly decided...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Default bail - Attempt to murder - Charge sheet not filed within 90 days as stipulated - Provision u/s 167(2) Cr.P.C comes into play - Accused entitled to grant of compulsive/default bail...........
Customs Act, 1962, Section 104, Gold Control Act, 1968, Section 68, Central Excise Act, 1944, Section 13, Drugs and Cosmetics Act, 1940, Section 22(1)(d), 32, 36AC, Drugs and Cosmetics Rules, 1945, Rule 51(4), (5), Criminal Procedure Code, 1973, Section 167 -- Drugs Inspector taking-up matter falling under Chapter IV of the Act - He is invested with the power to arrest...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - First day of remand has to be included for calculating statutory period for default bail - General Clauses Act not applicable to S.167(2) Cr.P.C. - There is no scope of applicability of Ss.12(1)(2) Limitation Act as there is no decision/order, against which any Appeal/Application is being preferred...........
Criminal Procedure Code, 1973, Section 57, 167(2)(a)(ii), Indian Penal Code, 1860, Section 376(2) -- Life imprisonment - Default bail - Rape case - Merely because a meaning is given to imprisonment for life in S.376(2) IPC, it cannot be said that for computing period of detention u/s 167(2) Cr.P.C, S.57 IPC is not applicable...........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii), 57, Indian Penal Code, 1860, Section 511, 376, 306 -- Default bail - Offence u/ss 511, 376, 306 IPC - Accused who is charged for offence u/s 511, 376 IPC, can be imprisonment only for a period of 10 years - Admittedly, 60 days is over after first remand of accused - Final report is not filed as on today - Accused held,..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 109 -- Default bail - Murder - Petitioner was arrested on 9.3.20 - Final report filed on 18.6.20 after lapse of 90 days - Before final report filed, petitioner moved Court seeking bail - Petitioner entitled to be released on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Order of extension of limitation passed on 20.03.2020, in an earlier judgment during lock down period - Said order cannot be read to mean that it ever intended to extend period of filing charge sheet by police - Charge sheet could have been filed/submitted even during the lock down period and I.O. was not..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right of prosecution to file charge sheet even after period of 60 days/90 days is not barred - But without filing a charge sheet they cannot detain an accused beyond said period when accused prays to Court to set him at liberty due to no, filing of charge sheet within period prescribed...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Commercial quantity - Charge sheet filed on 180th day after excluding day of remand and therefore would be within limitation as laid down u/s 36-A(4) of NDPS Act - Bail application rejected...........
