Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Indefeasible fight to be released on bail accrued on the 121st day - It was incumbent upon Magistrate to have directed production of accused persons to inform them of their right to be released on default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Expiry of stipulated date on 07.11.2022 - Accused remanded till 17.11.2022 - In all fairness Court should have adjourned case to 07.11.2022 or at best 08.11.2022 on which date, the accused persons could be said to have acquired an indefeasible right to be released on default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Submission of charge sheet before Court Sub-Inspector is not the same thing as submission before Court, because once it is filed, it is to be taken on record by passing a judicial order...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Computation of remand period - Stipulated 60/90 days remand period u/s 167 Cr.P.C ought to be computed from the date when a Magistrate authorizes remand...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If accused avail their independent right of default bail before charge sheet/final report is filed, then such right would not stand frustrated or extinguished by any such subsequent filing...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - The very moment stipulated 60/90 days remand period expires, an indefeasible right to default bail accrues to accused...........
Criminal Procedure Code, 1973, Section 167(5) -- Investigation if not concluded within six months from the date on which accused was arrested in a case triable by Magistrate as a summons case - There cannot be an automatic order without anything else to stop investigation on expiry of six months from date of arrest of accused...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 36A(4) -- Default bail - Extension of time sought 20 minutes after filing of application for default bail - Order granting extension of time was quashed - No valid reason for denying valuable right for grant of `default bail' - Default bail allowed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Criteria for deciding entitlement for default bail is completion of investigation and not filing of final report - Minor defects in final report will not entitle accused to bail - In case final report is returned for completing the investigation and not resubmitted, after curing defects, within stipulated..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Challan presented within time but cognizance not taken as challan filed was being empty formality - Accused entitled to statutory bail...........
