Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to be released on default bail continues to remain enforceable if accused has applied for such bail, notwithstanding pendency of bail application or subsequent filing of charge sheet or a report seeking extension of time by prosecution before Court...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused when fails to apply for default bail when the right accrues to him and subsequently a charge sheet or a report seeking extension of time is preferred then right to default bail would be extinguished...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Inordinate delay in placing the order of sanction before Court - May entitle accused for grant of regular bail but not a ground to pray for statutory/default bail u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Filing of charge sheet is sufficient compliance of S.167 Cr.P.C. - An accused cannot claim default bail on the ground that cognizance is not taken before expiry of statutory time period to file the charge sheet...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed in time - Accused cannot claim default bail on the ground of non filing of sanction order...........
Criminal Procedure Code, 1973, Section 167(2), National Investigation Agency Act, 2008, Section 16 -- Default bail - Error on part of investigating agency in filing charge sheet first before Court of Magistrate instead of Special Court as notified u/s 22 of NIA Act and thereafter committing case to Court of Sessions, has nothing to do with right of accused to seek default..........
Criminal Procedure Code, 1973, Section 482 -- Second petition for quashing - Present petition for quashing filed after 7 years after judgment of acquittal of co-accused - Even otherwise mere acquittal of co-accused would not be a ground to quash proceedings - Petitioner is a resident of Canada and would have to come back to face trial as had been undertaken by him but..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Re-investigation - Not permissible that too by another agency without prior permission of Magistrate even while exercising powers u/s 173(8) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 173(2), 173(8), 158 -- Re-investigation/further investigation - S.173(3) r/w S.158 Cr.P.C does not permit Secretary (Home) to order for further investigation/reinvestigation by another agency, other than Officer in charge of concerned Police Station and/or his superior officer...........
Criminal Procedure Code, 1973, Section 426(2)(b) -- Live convict - S.426(2)(b) Cr.P.C cannot be taken to have included within its fold the case of life convict, since in the case of life convict no portion of sentence remains unexpired in technical sense...........
