Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, 27 -- Default bail - Murder - Non-filing of ballistic report along with charge sheet - Neither amounts to filing of incomplete charge sheet nor fatal to prosecution case if ocular testimony is found to be credible and cogent - Application rightly..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to default bail accrues when time of investigation or extended time is completed and yet no chargesheet is filed and said right sustains until the time charge sheet is filed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Benefit of default bail can only be conferred before a chargesheet is filed...........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D -- Default bail - Chargesheet against respondents was presented before the Trial Court on 29.04.2022 and application for grant of default bail was preferred only on 02.09.2022, i.e. after more than four months of filing of the said chargesheet - Respondent No. 4, who..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Applications for default bail and extension of time - Court may hear both the application for extension of time and default bail simultaneously only if application for extension of time is filed first in point of time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 180 days for filing charge sheet expired - However, application for extension of time was filed on 180th day while the application for default bail was filed after two days i.e on 182nd day - Both the application decided on the..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet was filed within 180 days but same was not accompanied by FSL report - FSL report was filed as part of a supplementary charge sheet filed beyond 180 days from the date of arrest of petitioner and after he applied for statutory..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Non-filing of FSL report along with charge sheet is not sufficient to arrive at the conclusion that charge sheet filed was incomplete - Said report can be filed by way of a supplementary charge sheet and in any case, FSL report is only a corroborative piece of evidence - Application for default bail rejected...........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20 -- Default bail - Contraband - No application was filed by public prosecutor seeking detention of accused beyond 180 days - Indefeasible right had accrued in favour of petitioner when police failed to complete the investigation and put up the challan..........
