Showing : 111-120 of 250 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Grant of - Held, accused has a right to be released on bail as soon as prescribed period of 90 days or 60 days as the case may be expires - But to get benefit of said provision an application for grant of bail is required to be filed by accused - If no such application is filed and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Default bail - Proclaimed offender - Offence under NDPS Act - Challan not presented within 180 days i.e. prescribed period and application for grant of bail filed after expiry of 180 days - Held, bare perusal of S.167 (2) Cr.P.C. shows that there is no distinction that a proclaimed offender will..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4)-- Default bail - Mere no, filing of chemical examiner's report would not make charge-sheet incomplete - Thus, accused would not be entitled to be released on bail u/s.167(2) Cr.P.C. on ground of charge-sheet being incomplete...........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2)-- proviso - Default bail - Offence u/s.55(a) of Kerala Abkari Act - Prosecution failed to file final report within 60 days - Held, Magistrate has no authority to detain petitioner in custody - Accused entitled to be released on bail...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167-- Default/statutory bail - Charge sheet filed within statutory period - Cognizance not taken for want of sanction - Held, accused is not entitled to default/statutory bail - Cognizance whether taken or not is not material as far as S.167 Cr.P.C. is concerned - Filing of charge-sheet is sufficient..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2)-- Police custody - Grant of - Police custody granted for investigation in different crimes other than the crime in which accused was arrested and remanded - Held, there is no legal bar for granting police custody for investigation in different crimes other than the crime in which accused was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2), 22- - Offence u/s 22 NDPS Act - Default bail u/s 167(2) Cr.P.C. - Challan not presented within stipulated period of 180 days - Accused gets indefeasible right to be released on bail, notwithstanding the presentation of challan by police during pendency of bail application...........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4)-- Default bail - Recovery of contraband - Quantity of contraband recovered from accused falls within category of commercial quantity - Provision of S.36-A(4) of NDPS Act will apply - Held, application filed u/s 167(2) Cr.P.C before expiry of 180 days has been rightly held as premature - Petitioner..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2), 439(2)-- Bail granted u/s 167(2) - If bail granted u/s 167(2) Cr.P.C. is illegal or erroneous then the same can be cancelled u/s 439(2) Cr.P.C. - Power vested in High Court u/s 439(2) can be invoked either by State or by any aggrieved party - High Court can also exercise this power suo moto - High Court..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2), 439(2)-- Sessions Court granted bail u/s 167(2) by miscalculating the period of 90 days - High Court by suo moto invoking the power u/s 439(2) cancelled bail...........

Showing : 111-120 of 250 Results