Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet not filed even after expiry of 180 days - Application seeking extension of time for filing final report filed one day earlier to expiry of 180 days but extension granted by order passed after one day of expiry of 180 - Extension..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36 -- Default bail - Extension of time - Where illegal contraband is recovered from accused, charge sheet should have been filed within 180 days from the date of first remand of accused and that period can be extended by Court on application of prosecution, if it..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Default bail - Recovery of opium - Charge sheet not filed within stipulated period of 180 days - Application for bail u/s 167(2) Cr.P.C. filed on 181st day - Till than prosecution did not submit any application for extension of time - Application for..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application filed u/s 167(2) Cr.P.C. is required to be decided on the same day...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 180 days completed on 16.11.2014 - On 14.11.2014 application for extension of time moved which was allowed on 21.11.2014 - Petitioner moved application u/s 167(2) Cr.P.C. on 17.11.2014 which was rejected on 21.11.2014 when extension of time was granted - Application filed u/s 167(2) Cr.P.C. is..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - While computing period of 90 days, the day on which accused was remanded to judicial custody should be excluded and day on which challan is filed in the Court should be included - In the instant case, accused remanded to judicial custody on 5.7.2013 and charge sheet filed on 3.10.2013 - Date 5.7.2013 is to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 167(2), 173 -- Default bail - Non-presentation of challan/report u/s 173 Cr.P.C. - Recovery of contraband - As per evidence on record, period of 180 days already expired - Even, no application for extension of time has been moved by prosecution - Therefore, indefeasible..........
Criminal Procedure Code, 1973, Section 167(2), 173(2) -- Default bail - Filing of police report containing particulars mentioned u/s 173(2) Cr.P.C. amounted to completion of filing of report - Contention that police report filed is not as per legal requirement u/s 173(2) & (5) of Cr.P.C. which entitled him for default bail is rightly rejected by the High Court and does not..........
Criminal Procedure Code, 1973, Section 379, 167(2) -- Bail - Non presentation of challan within the stipulated period - Application for extension of time was being sought by prosecution on the ground that chemical report from the FSL has not been received, and in absence of report challan could not be presented - Bail cannot be declined to petitioner as no compelling..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet not filed within stipulated period of 60 days - Default bail sought - After expiry of 60 days offence u/ss 467/468 IPC registered - Will not take away right of accused to get default bail provided he is prepared to furnish bail to the satisfaction of Magistrate - Bail granted...........