Criminal Procedure Code, 1973, Section 167(2) -- Default bail - FIR u/ss 307, 34 IPC and S.25 of Arms Act - Charge-sheet not filed within stipulated period of 90 days - Petitioner filed application u/s 167(2) Cr.P.C. on account of default on prosecuting agency in filing charge sheet - Mere fact that subsequent thereto charge sheet was filed by State, right accrued in..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B -- Default bail - For grant of default bail, Court has to see the maximum awardable punishment and not the minimum awardable punishment...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B -- Default bail - Offence u/ss 376, 506, 120-B IPC - Maximum sentence that can be awarded u/s 376 IPC is life imprisonment - Challan can be filed within 90 days - However, Magistrate wrongly allowed bail after 60 days, as Court has to see maximum awarded punishment not the..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B -- Default bail - Wrongly allowed - Revisional Court rightly remedied the error by cancelling the bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right availed - Order of bail cannot be cancelled on filing of charge sheet beyond statutory period...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Pre-mature application - Bail application filed on 60th day - However, said application remained undecided till 63rd day - Right already accrued in favour of accused to seek default bail after expiry of 60 days - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, 15, 25 -- Default bail - Offence u/ss 15, 25 of NDPS Act - Extension of time to file final report - Only one ground cited that Chemical Examiner report is not received - No compelling circumstances cited - Order granting extension passed in a routine and..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Default bail - Recovery of heroine - Challan not presented within 180 days as prescribed under law - Petitioners moved an application u/s 167(2) Cr.P.C. - However, said application of petitioner was dismissed and application of prosecution for extension of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2)(a)(i), 439 -- Default bail - Recovery of contraband - In the instant case, challan not presented even after expiry of stipulated period of 180 days - Moreover, two extensions of 40 days and 60 days already granted - Prosecution cannot take benefit of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2)(a)(i), 439 -- Default bail - Recovery of contraband - Huge recovery of contraband is no ground to refuse bail to accused, if accused is in custody and challan has not been part up within prescribed period...........
