Criminal Procedure Code, 1973, Section 439, 167(2) -- Grant of bail - Imposition of conditions - Modification thereof - Bail granted u/s 167(2) - Condition in bail order to make a cash security deposit of Rs.20,000/- Legality of - Held, imposing such a condition to an accused, who has no financial capacity to make deposit, would tantamount to denial of statutory bail - It..........
Criminal Procedure Code, 1973, Section 167 -- Bail on default - Petitioner arrested u/s 20(B) of NDPS Act when 10.400 kg. ganja recovered from him - Offence punishable with imprisonment upto 10 years - Case covered by Section 167(2)(a)(ii) - Accused would be entitled to be released on bail if the investigation is not completed and charge sheet is not filed within 60 days -..........
Criminal Procedure Code, 1973, Section 167 -- Order rejecting request of police for police custody of accused - Held, it is not interlocutory order in view of limitation u/s 167 Cr.P.C. that police custody may be granted only during first 15 days after the arrest or detention and not thereafter...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29 -- Offence u/ss 8, 21, 27-A & 29 NDPS Act - Charge sheet not filed within statutory period of 180 days - Bail granted subject to conditions ...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304B -- Bail u/s 167(2) - Offence of dowry death - Charge sheet not filed on completion of 60 days - Bail sought - Held, gravity of offence for filing charge sheet is gauged from the maximum punishment prescribed for an offence - Under S.304-B IPC, life imprisonment can be awarded - Thus period..........
Criminal Procedure Code, 1973, Section 167(1) -- Police remand - Second application - Maintainable if made during the first 15 days of arrest - Once the period of 15 days expires, the Magistrate cannot pass order for police remand...........
Criminal Procedure Code, 1973, Section 167(1) -- Police remand - Second application - Maintainable if made during the first 15 days of arrest - Once the period of 15 days expires, the Magistrate cannot pass order for police remand...........
Criminal Procedure Code, 1973, Section 167(2) -- Bail u/s 167(2) Cr.P.C. - Ground that charge sheet is filed beyond the maximum period of 90 days - Charge sheet submitted on 90th day from the first date of remand - First period of detention to be computed from the date of order of remand - One of the days on either side to be excluded in computing the prescribed period of..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail granted u/s 167 (2) of Cr.P.C. when investigating agency failed to submit final report within stipulated period - Accused failed to produce sureties - Final report submitted and case committed to Court of Sessions and trial pending - Accused sought to produce sureties before Magistrate - But Magistrate returned the same..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within time but same was returned with certain directions - Charge sheet not resubmitted within ninety days - Held, proviso to S.167(2) Cr.P.C. is not attracted...........
