Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application seeking extension of period for submitting challan was filed and accused contested the said application - However, accused did not choose to pursue and press his application pending for default bail - Period extended for submitting challan - Accused after 6 months of date of filing of his original..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If application filed by prosecution seeking extension in time to complete investigation filed in prior in point of time is pending when application u/s 167(2) Cr.P.C is filed by accused, accused cannot claim an indefeasible right to be released on bail...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Arms Act, 1959, Section 3, 25, 30, Unlawful Activities (Prevention) Act, 1967, Section 18 -- Default bail - Charge sheet filed for offence under IPC and Arms Act - Second charge sheet for offence under UAPA filed after two days of filing application by accused u/s 167..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Default bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Sentence provided u/s 467 Cr.P.C. is imprisonment for life - Charge sheet can be filed within 90 days - Accused not entitled to default bail on expiry of 60 days period...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - While granting bail, High Court held that accused can be re-arrested after charge sheet is filed - Held, filing of charge sheet by itself is not a ground for cancellation of bail granted u/s 167 Cr.P.C. which can be cancelled on other grounds available in law to the prosecution...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once an application u/s 167(2) Cr.P.C. is filed after expiry of stipulated time limit, it is duty of Court to release him on bail forthwith without any unnecessary delay - Filing of a charge sheet subsequent to expiry of stipulated time limit for investigation would not defeat right of accused to default bail...........
Criminal Procedure Code, 1973, Section 167(2), 439(2) -- Default bail - Can be cancelled u/s 439(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Counsel for accused as well as Magistrate ought to inform accused of availability of indefeasible right u/s 167(2) Cr.P.C, once it accrues to him, without any delay, especially where accused is from an underprivileged section of society...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused files an application for bail u/s 167(2) Proviso Cr.P.C, he is deemed to have `availed of' or enforced his right to be released on default bail, accruing after expiry of stipulated time limit of investigation - If accused applies for default bail, Court must release him on bail forthwith without..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 23(c), 25A, 29 -- Default bail - Offence u/ss 8(c), 22(c), 23(c), 25-A, 29 of NDPS Act - Accused exercised his option to obtain bail on 181st day of his arrest - Public prosecutor had not filed any application seeking extension of time to investigate..........
