Criminal Procedure Code, 1973, Section 437(6) -- Bail - Where the trial is not concluded within 60 days as prescribed u/s 437(2) Cr.P.C that does not give a right to bail for default - Term "shall" used in S.437 Cr.P.C is discretionary - Court should exercise such powers judiciously and consider other circumstances as provided u/s 437 of the Code of Criminal Procedure...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 506, 149 -- Bail - Abetment of suicide - Cancellation of bail as accused absented and no convincing ground furnished in exemption application - As it is first default on the part of accused as such in the event accused surrenders before trial Court within a period of 10 days and..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Investigation was incomplete on the day application u/s 167(2) Cr.P.C. was filed - Accused deserves to be enlarged on bail - Default bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time and default bail - If two applications are filed on the same day, no bail can be granted unless the prayer for extension of time is rejected...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time for investigation and default bail - Consideration of two application together does not arise in case application by accused for default bail has already been made, at least a day before the application for extension is filed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time for investigation - Mere filing of application seeking extension of time is not enough - Application must disclose the progress in investigation and also specific reasons for detention of accused beyond ninety days - If the application does not disclose these requirements, accused has to be..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Default bail - Neither charge sheet filed on the date of petition for default bail by accused, nor order for extension of time to complete investigation granted/ordered - Indefeasible right to default bail accrued to..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Accused contended that application for extension of time of investigation from 180 days to 1 year was also filed on the same day when he applied for default bail - However, State contended that application for extension of time for..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304, 34 -- Default bail - Charge sheet not filed within prescribed period - Accused having exercised his right to statutory bail is entitled to grant of same - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within prescribed limit and cognizance taken by Court - Accused cannot claim statutory right of default bail merely because some investigation u/s 173(8) Cr.P.C may be required...........
