Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to default bail accrues when time of investigation or extended time is completed and yet no chargesheet is filed and said right sustains until the time charge sheet is filed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Benefit of default bail can only be conferred before a chargesheet is filed...........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D -- Default bail - Chargesheet against respondents was presented before the Trial Court on 29.04.2022 and application for grant of default bail was preferred only on 02.09.2022, i.e. after more than four months of filing of the said chargesheet - Respondent No. 4, who..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20 -- Default bail - Contraband - No application was filed by public prosecutor seeking detention of accused beyond 180 days - Indefeasible right had accrued in favour of petitioner when police failed to complete the investigation and put up the challan..........
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 -- Extension of time for investigation - Oral request for extension is permissible...........
