Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420B, 468, 471, 109 -- Bail - Offence u/ss 13(2), 13(1)(d) Prevention of Corruption Act and Ss.420-B, 468, 471 & 109 IPC - Economic offence of huge magnitude - Investigation completed and charge sheet filed - No serious allegation that..........
Criminal Procedure Code, 1973, Section 439A, 167, 439 -- Bail - Grant of - There is no evidence that the accused-persons may be categorized to any group of organized criminals or that they are hardened and notorious criminals and the people, at large, are afraid of them - Held, provisions of the Amendment Act, may not be applied - They are already in custody for about 124..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 306 -- Delay in filing charge-sheet - Release on bail - Charge-sheet was not filed within 60 days - It was filed on 61st day - Held, Magistrate was right in releasing applicants on bail u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If an application for default bail is filed on the ground that charge sheet is not filed within 90 days but before the consideration of the same and before being released on bail, if charge sheet is filed, the said right to be released on bail is lost - After filing of charge sheet, accused can be released on..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to be released on bail will come to an end if the benefit is not availed and in the meantime challan has been filed - If the charge sheet is filed subsequently to availing individual right, then the said right would not stand frustrated or extinguished - In the instant case accused claimed to be released..........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet filed - Non appearance of accused - Forfeiture of bail bond - Can only be when accused does not appear despite service of notice of presentation of charge sheet served either by I.O. or by Court...........
Criminal Procedure Code, 1973, Section 167(2) -- Statutory bail - Time frame within which State was mandated to file charge sheet was 60 days - Charge sheet not filed within 60 days - Accused applied for bail - Offence added during investigation which entail an extended period of 90 days to file charge sheet - Charge sheet filed within 90 days - Held, accused is not..........
Unlawful Activities (Prevention) Act, 1967, Section 43D, Criminal Procedure Code, 1973, Section 167 -- Application filed by prosecution seeking extension of time for investigation - Accused also made application seeking bail on ground of non-filing of charge-sheet within statutory period - Held, bail cannot be granted unless prayer for extension of time is rejected...........
Unlawful Activities (Prevention) Act, 1967, Section 43D, Criminal Procedure Code, 1973, Section 167, National Investigation Agency Act, 2008, Section 15 -- Prosecution seeking extension of time for investigation - Accused also sought statutory bail on ground of non-submission of charge-sheet within statutory period - Extension of time granted, vide impugned order, on basis..........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Petitioner filed petition for grant of default bail on 26.11.2010 at about 11 A.M. and a report was called for from general register section of Court - Section reported submission of charge-sheet at about 2 P.M. on same day - Held, petitioner could not be released on bail u/s 167(2) (a) (i) CrPC inspite..........
