Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b) -- Default bail - Application for extension of time for investigation - Detailed reasons given in application for extension of time for investigation - Mere infirmities in the form of an application does not entitle accused to benefit of a default bail when in..........
Criminal Procedure Code, 1973, Section 439, 167 -- Bail - Deemed custody - Custody of accused in one crime is deemed to be custody in other crime in which neither Prisoner Transit Warrant nor remand report is filed, for the purpose of extending benefit of S.439 Cr.P.C - However, deemed custody cannot be considered u/s 167 Cr.P.C, as presence of accused is necessary for the..........
Criminal Procedure Code, 1973, Section 167(2), 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Transportation of 157.300 kg poppy straw - Statutory period of 180 days has to be calculated only from date of remand and not from the date of arrest...........
Criminal Procedure Code, 1973, Section 167(2), 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Transportation of 157.300 kg poppy straw - Charge sheet was filed just after expiry of 180th day of arrest of accused - Petitioner held, not entitled to compulsive bail - Bail held, rejected...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Judicial remand extended, in absence of accused, beyond expiry of 60 days - Magistrate was not entitled to extend remand beyond expiry of 60 days - As judicial remand was granted in absence of accused as such accused was not informed of his right to default bail - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Default bail - Charge sheet filed on 11.09.2017 which was 90th day - Charge sheet returned to be filed before Special Court - Charge sheet filed before Special Court and same was returned as it was incomplete -..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Oral prayer - Charge sheet not filed within stipulated period - Oral prayer for default bail - Petitioner granted default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - From FIR and statements of witnesses an offence u/s 304(Part II) IPC having been made out, investigating agency was required to file charge sheet within 60 days - Charged sheet not filed within 60 days - Petitioner having exercised his right to default bail by an oral prayer, he is entitled to default bail...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Non-production of charge sheet within 180 days of statutory period - Public prosecutor not filed any application for extension of period of investigation - There could not be any reason for Special Judge in not disposing of application..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Offence u/s 15 NDPS Act - Default bail granted as FSL report not filed within 180 days - Condition imposed that accused shall be taken into custody on receipt of FSL report - Condition set aside - Bail will remain in force unless accused commits default in the..........
