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...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once a challan is filed, an application u/s 167(2) Cr.P.C for grant of bail does not survive for consideration or remain enforceable...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Case under NDPS Act - Investigation is pending on several points and more persons are likely to be apprehended - Allegations of contravention of various provisions of NDPS Act is levelled against accused - Special Judge already taken cognizance of offence - Trial is in progress - There is no challenge to..........
Criminal Procedure Code, 1973, Section 167 -- Final report - S.167 Cr.P.C, cannot be construed as containing period of limitation for filing of final reports, as S.167(2) Cr.P.C does not bar filing of final report even after period specified therein...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right of default bail is not affected by Supreme Court Order of extending limitation for filing cases in view of COVID-19 lock down - Denial of such right thus, definitely amount to violation of his fundamental right u/art 21 of Constitution of India - Petitioner held, entitled to default bail with conditions...........
