Criminal Procedure Code, 1973, Section 167 -- Default/statutory bail - Charge sheet filed within statutory period - Cognizance not taken for want of sanction - Held, accused is not entitled to default/statutory bail - Cognizance whether taken or not is not material as far as S.167 Cr.P.C. is concerned - Filing of charge-sheet is sufficient compliance with the provision of..........
Criminal Procedure Code, 1973, Section 167(2), 22 - - Offence u/s 22 NDPS Act - Default bail u/s 167(2) Cr.P.C. - Challan not presented within stipulated period of 180 days - Accused gets indefeasible right to be released on bail, notwithstanding the presentation of challan by police during pendency of bail application...........
Criminal Procedure Code, 1973, Section 167(2) -- Police custody - Grant of - Police custody granted for investigation in different crimes other than the crime in which accused was arrested and remanded - Held, there is no legal bar for granting police custody for investigation in different crimes other than the crime in which accused was arrested and remanded if..........
Criminal Procedure Code, 1973, Section 167, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Recovery of contraband - Quantity of contraband recovered from accused falls within category of commercial quantity - Provision of S.36-A(4) of NDPS Act will apply - Held, application filed u/s 167(2) Cr.P.C before expiry of 180 days has been..........
Criminal Procedure Code, 1973, Section 167(2), 439(2) -- Bail granted u/s 167(2) - If bail granted u/s 167(2) Cr.P.C. is illegal or erroneous then the same can be cancelled u/s 439(2) Cr.P.C. - Power vested in High Court u/s 439(2) can be invoked either by State or by any aggrieved party - High Court can also exercise this power suo moto - High Court can cancel bail even..........
Criminal Procedure Code, 1973, Section 167(2), 439(2) -- Sessions Court granted bail u/s 167(2) by miscalculating the period of 90 days - High Court by suo moto invoking the power u/s 439(2) cancelled bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Petitioner arrested - Charge sheet filed within time - Supreme Court ordering CBI to investigate - CBI lodged fresh FIR - CBI not filing charge sheet within 90 days - Prayer for statutory bail - Not tenable because petitioner was arrested on the basis of first FIR and not the second time...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of prisoner from one place to another - Held, transfer of prisoner from any such place of detention is permissible only with the permission of the Court under whose warrant the undertrial has been remanded to custody - Power exercisable by Court while permitting or refusing transfer is `judicial' and not..........
Criminal Procedure Code, 1973, Section 167(2) -- Application for statutory bail as charge sheet not filed within time - Prosecution seeking extension of time, for continuing the investigation, thereafter - Held, right of accused for grant of statutory bail remains unaffected...........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 16, 18 -- Crpc As amended by virtue of S.43D of the Unlawful Activities (Prevention) Act, 1967 - Period of 90 days stipulated for investigation - Court can extend it to 180 days - In the event charge sheet is not filed even within the extended period of 180 days, accused is..........