Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 60 days or 90 days begins to run from the date of first order of remand not from the date of arrest...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If an application for default bail is filed on the ground that charge sheet is not filed within 90 days but before the consideration of the same and before being released on bail, if charge sheet is filed, the said right to be released on bail is lost - After filing of charge sheet, accused can be released on..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - When an application for default bail is filed, merits of the matter are not to be gone into...........
Criminal Procedure Code, 1973, Section 167, 397, 401, 482, Constitution of India, 1950, Article 14, 19, 226, 227 -- Application for police remand - Rejection by Magistrate - Revision - Maintainability - Held, if remand is rejected, it would adversely affect right of prosecution to carry out further investigation and in a given situation investigation may not be able to..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to be released on bail will come to an end if the benefit is not availed and in the meantime challan has been filed - If the charge sheet is filed subsequently to availing individual right, then the said right would not stand frustrated or extinguished - In the instant case accused claimed to be released..........
Criminal Procedure Code, 1973, Section 167(2) -- Statutory bail - Time frame within which State was mandated to file charge sheet was 60 days - Charge sheet not filed within 60 days - Accused applied for bail - Offence added during investigation which entail an extended period of 90 days to file charge sheet - Charge sheet filed within 90 days - Held, accused is not..........
Unlawful Activities (Prevention) Act, 1967, Section 43D, Criminal Procedure Code, 1973, Section 167 -- Application filed by prosecution seeking extension of time for investigation - Accused also made application seeking bail on ground of non-filing of charge-sheet within statutory period - Held, bail cannot be granted unless prayer for extension of time is rejected...........
Unlawful Activities (Prevention) Act, 1967, Section 43D, Criminal Procedure Code, 1973, Section 167, National Investigation Agency Act, 2008, Section 15 -- Prosecution seeking extension of time for investigation - Accused also sought statutory bail on ground of non-submission of charge-sheet within statutory period - Extension of time granted, vide impugned order, on basis..........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Petitioner filed petition for grant of default bail on 26.11.2010 at about 11 A.M. and a report was called for from general register section of Court - Section reported submission of charge-sheet at about 2 P.M. on same day - Held, petitioner could not be released on bail u/s 167(2) (a) (i) CrPC inspite..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Contraband - Recovery of 3 Kg. of smack - Challan when not filed within period stipulated, accused gets an indefeasible right to the grant of bail and Court is to grant bail...........
