Criminal Procedure Code, 1973, Section 167(2) -- Application for default bail - Charge-sheet not filed within 90 days - Application for grant of bail u/s.167(2) CrPC filed by accused - Held, Magistrate is obliged to deal with application on that day - Adjournment by Magistrate misconceived - Court cannot act to extinguish right of accused if law so confers on him...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - Charge-sheet not filed within statutory period of 90 days - Accused filed application for bail u/s.167(2) CrPC - Thereafter, prosecution submitted application for extension of time for filing charge-sheet - Held, accused entitled to grant of bail u/s. 167(2) CrPC...........
Criminal Procedure Code, 1973, Section 167(2) -- Application for default bail - Charge-sheet not filed within 90 days - Application for grant of bail u/s.167(2) CrPC filed by accused - Held, Magistrate is obliged to deal with application on that day - Adjournment by Magistrate misconceived - Court cannot act to extinguish right of accused if law so confers on him...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - Charge-sheet not filed within statutory period of 90 days - Accused filed application for bail u/s.167(2) CrPC - Thereafter, prosecution submitted application for extension of time for filing charge-sheet - Held, accused entitled to grant of bail u/s. 167(2) CrPC...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Final report filed u/s 173 Cr.P.C. - Question as to whether it is a complete report or not - Court while refusing bail to applicants, has applied its mind to all relevant facts and circumstances and has exercised its discretion in accordance with law - No interference warranted in the impugned order of..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Bail - Smuggling of heroin - Challan has not been presented even after extension of time - Petitioners are involved in number of cases - Held, pendency of number of cases against petitioner is not sufficient ground to defeat indefeasible right of..........
Criminal Procedure Code, 1973, Section 60, 167(2) -- Escaped prisoner - Committing offence in another State - Granted default bail u/s 167(2) Cr.P.C. - Held, petitioner is not entitled to the relief of being released forthwith - Being a convicted prisoner, his movements can be restricted, till the execution of the sentence is completed...........
Criminal Procedure Code, 1973, Section 57, 167 -- Transit remand - Accused contended that he was arrested from Noida but he was not produced before Illaqa Magistrate for transit remand nor permission from Delhi Court was taken for taking him to Farukhabad which was in violation of police rules - Accused brought to Delhi just within one hour as such it was not essential to..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21, 22, 29 -- Statutory bail - Recovery of 229 vials of Rexcof (cough syrup) in possession of accused - Entire quantity required to be taken into consideration to determine quantity i.e. small, intermediate or commercial - Accused in possession of..........
Criminal Procedure Code, 1973, Section 258, 167(5), Indian Penal Code, 1860, Section 447 -- Trespass - Summon case - Discharge of accused - Validity - Held, after issuance of summoning orders by Magistrate, accused could not be discharged or acquitted midway without permitting parties to lead any evidence - In summoning cases, there cannot be question of discharge as there..........
