Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Bail - Non-filing of charge sheet within 90 days - Application by I.O for extension of time for filing final report u/s 173 Cr.P.C was without any report of public prosecutor - Held, right to be released on bail has accrued in favour of petitioner for no,..........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Offence u/ss 366, 498, 342 & 506 IPC - Accused in judicial custody for 77 days - Investigation not completed and charge sheet not filed - Application for default bail returned on the premise that application has to be filed after 90 days from the date on which accused was remanded to judicial custody -..........
Indian Penal Code, 1860, Section 420, 166, 167, 463, 464, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner, Sub-Divisional Officer, exercising jurisdiction under Rajasthan Tenancy Act and Land Revenue Act alleged to have conspired with other accused persons and got mutation in name of plaintiff for wrongful gains - No allegations made in FIR that..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Presentation of challan during pendency of application seeking default bail, does not take away the right of default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory period to be counted from the date of remand - The day on which remand was granted has also to be included in calculating the statutory period...........
Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Right to statutory bail - When can be claimed? - Held, right to statutory bail u/s.167(2) CrPC can be claimed by an accused only when investigating officer fails to conclude investigation within specified period - No step taken or not taken by Court creates right or keeps it alive - Once charge-sheet is submitted..........
Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Statutory bail - Charge-sheet submitted but cognizance not taken on or before date when accused refused bail and remanded to custody - Court directed further investigation in the matter - Second charge-sheet submitted by investigating officer because of order of Court directing further investigation and not because..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Essential conditions - Accused is required to fulfill at least two conditions : (i) he must be prepared to furnish bail; (ii) he must furnish requisite bail as ordered by Magistrate - An accused can be released on bail u/s.167(2) only when both the conditions are fulfilled - In present case, one of the..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - Held, accused has a right to be released on bail as soon as prescribed period of 90 days or 60 days as the case may be expires - But to get benefit of said provision an application for grant of bail is required to be filed by accused - If no such application is filed and in meanwhile charge-sheet is..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Proclaimed offender - Offence under NDPS Act - Challan not presented within 180 days i.e. prescribed period and application for grant of bail filed after expiry of 180 days - Held, bare perusal of S.167 (2) Cr.P.C. shows that there is no..........
