Criminal Procedure Code, 1973, Section 173(2), 173(5), 167(2) -- Offence under NDPS Act - Charge sheet filed without accompanying Chemical Analyser's report - Charge sheet is incomplete - Such charge sheet is not charge sheet within the meaning of S.173(5) so as to enable the Magistrate to take cognizance of the offence - Applicants in police custody for more than 90 days..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 167 -- Offence u/s 306 IPC - Charge sheet not filed within sixty days from the date of arrest - Accused is entitled to bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Penal Code, 1860, Sections 302, 201, 34 and 120B - Bail - Arrest of appellant alongwith two others as a dead body was found when checking the car of appellant at a check post in Haryana and FIR registered - Charge sheet not filed within period of 90 days - Trial Court at Karnal in Haryana granted statutory bail under Section..........
Criminal Procedure Code, 1973, Section 167(2), 437(5), 439(2) -- Charge sheet not filed within prescribed time - Bail granted on condition that accused to surrender when charge sheet is filed - Held, imposition of such condition is illegal - Once bail is granted on whatever ground, same can be cancelled only on considerations which are relevant for cancellation of bail -..........
Criminal Procedure Code, 1973, Section 167(2) Proviso -- Charge sheet not filed for 90 days - On 91st day accused applying for bail - When accused availed of his right to be released on bail the same cannot be extinguished as a result of subsequent filing of the charge-sheet, before the Magistrate passed an order on the bail application - Magistrate cannot frustrate the..........
Criminal Procedure Code, 1973, Section 167(2) -- Charge sheet when not filed within prescribed period - Accused has a right to be released on bail if he is prepared to and furnish the bail - If accused files an application for bail and offers also to furnish bail then it has to be held that the accused has availed of his indefeasible right even though Court has not..........
Criminal Procedure Code, 1973, Section 167(2) -- Charge sheet when not filed within prescribed period - Accused is entitled to be released on bail - If accused is unable to furnish bail and in the meantime charge sheet is filed then right of accused to be released on bail is extinguished...........
Criminal Procedure Code, 1973, Section 167(2) -- Charge sheet not filed within prescribed period - Accused moved application for release on bail - Charge sheet filed during pendency of bail application - Right accrued to accused cannot be frustrated by subsequent filing of charge sheet...........
Criminal Procedure Code, 1973, Section 167(2) -- Charge sheet not filed within 60 days - Accused is entitled to be released on bail - Application for bail, however, erroneously rejected by Magistrate - Accused approached higher forum - Subsequent filing of charge sheet in meantime - Does not extinguish accrued right of accused to be released on bail...........
Criminal Procedure Code, 1973, Section 437, 439, 167(2) -- Non filing of charge sheet within 90 days - Bail - Accused arrested u/s 15 of NDPS Act at Rajasthan - While under detention in relation to another case he was recorded as arrested in M.P. State in a similar case - Bail granted by Rajasthan Court - M.P. Court refused bail u/s 167(2) on ground he was not produced..........
