Criminal Procedure Code, 1973, Section 167(2), 309 -- Remand - Power of remand in terms of Ss.167(2) and S.309(2) Cr.P.C can be exercised in following circumstances: (i) accused can be remanded u/s 167(2) Cr.P.C during investigation till cognizance has not been taken by Court; (ii) that even after taking cognizance when an accused is subsequently arrested during further..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 153A, 120B, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 43D(2)(b) - - Offence u/ss 302, 153-A, 120-B IPC and Ss.16, 18 of 1967 Act - Specific reason assigned by Public prosecutor fulfilling the mandate and requirement of S.43-D(2)(b) of 1967 Act and said fact was considered..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Incomplete challan was presented before trial Court, as FSL report not submitted along with challan within 180 days - No application for extension of time was filed by prosecution after lapse of 180 days - Petitioner thus, entitled to bail u/s 167(2) Cr.P.C - Bail held, granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Cannot be denied on the ground that earlier bail was granted on merits with conditions and for non compliance of conditions accused was not able to come out on bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Onerous conditions not to be imposed - Order to deposit cash security will indirectly defeat the indefeasible right from coming out on bail - Gravity of offence is not the relevant consideration for grant of statutory bail - For grant of statutory bail Court should be satisfied that accused has its roots in..........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b) -- Default bail - Application for extension of time for investigation - Detailed reasons given in application for extension of time for investigation - Mere infirmities in the form of an application does not entitle accused to benefit of a default bail when in..........
Criminal Procedure Code, 1973, Section 439, 167 -- Bail - Deemed custody - Custody of accused in one crime is deemed to be custody in other crime in which neither Prisoner Transit Warrant nor remand report is filed, for the purpose of extending benefit of S.439 Cr.P.C - However, deemed custody cannot be considered u/s 167 Cr.P.C, as presence of accused is necessary for the..........
Criminal Procedure Code, 1973, Section 167(2), 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Transportation of 157.300 kg poppy straw - Statutory period of 180 days has to be calculated only from date of remand and not from the date of arrest...........
Criminal Procedure Code, 1973, Section 167(2), 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Transportation of 157.300 kg poppy straw - Charge sheet was filed just after expiry of 180th day of arrest of accused - Petitioner held, not entitled to compulsive bail - Bail held, rejected...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Judicial remand extended, in absence of accused, beyond expiry of 60 days - Magistrate was not entitled to extend remand beyond expiry of 60 days - As judicial remand was granted in absence of accused as such accused was not informed of his right to default bail - Bail granted...........
