Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/ss 302, 341, 323, 452, 336, 143, 149 IPC - As on completion of 90 days of prescribed period u/s 167 Cr.P.C there were no papers of investigation or charge sheet u/s 173 Cr.P.C before concerned Magistrate - Accused was thus denied of protection established by law - Issue of their custody had to be..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Presentation of challan - Challan has to be presented before Court and Court alone - Merely leaving it with Ahlmad or any other functionary would not satisfy compliance of S.167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302 -- Default bail - Juvenile in conflict with law - Murder case - Time period available to investigating agency to complete investigation in the case involving a child in conflict with law, who is alleged to have committed murder is 90 days not 60 days...........
Criminal Procedure Code, 1973, Section 173(2), 167(2), Evidence Act, 1872, Section 114(e) -- Presentation of challan - Presumption of judicial acts - Judicial order on record shows that challan has been presented before Court on 5-2-2018 - Ahlmad in its report also stated that challan was filed on 5-2-2018 - There is thus, presumption in law that judicial acts are..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused filed application for default bail on 5-2-2018 at 10.00 am sharp - Challan was presented on the same day thereafter - Once accused moves an application u/s 167(2) Cr.P.C, same cannot be frustrated by subsequent filing of challan at a later stage - Accused, thus has indefeasible right of bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Juvenile in conflict with law - Murder case - Accused arrested on 7.11.2017 and was produced before JJ Board on 8.11.2017, wherefrom he was sent for 3 days remand - Challan was presented on 5.2.2018 - While computing the period of 90 days of custody, day on which accused remanded to judicial custody has to be..........
Criminal Procedure Code, 1973, Section 167(2), 439(2) -- Cancellation of default bail - Non compliance of bail conditions - Opportunity not given to petitioners before cancellation of bail - Delay in approaching Court after cancellation of bail condoned - Opportunity given to petitioners for presenting arguable case before High Court in main revision case...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 166A, 167 -- Sanction for prosecution - Offence u/ss 166, 166-A, 167 IPC - Nature of offending acts of petitioner itself makes it obligatory that before seeking prosecution of public servant charged with such offences, prosecution must invariably seek sanction to prosecute such public servant..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Default bail - Contraband - Charge sheet not filed within 60 days which expired on 4.8.2017 - Charge sheet filed on 20.9.2017 - Application for bail filed on 19.9.2017 and application for default bail filed on 21.9.2017 - Held, bail application not to be..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Date of order of remand is to be included in calculating period of 60 or 90 days as the case may be and holiday on last date does not extend period of limitation...........
