Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused neither challenged the first extension which was granted in his absence nor challenged the second extension granted in his presence - Therefore, when charge sheet was filed within period of second extension, accused not entitled to be released on default bail - Default bail application rightly..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Accused availed his indefeasible right to statutory bail immediately when period of 180 days had expired - Same cannot be defeated by subsequent filing of challan by investigating agency...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for completing investigation - Neither report of Public Prosecutor is on record of Court below, nor there is any reference to any such report of Public Prosecutor in impugned order of extension of time - Even, communication of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Indefeasible fight to be released on bail accrued on the 121st day - It was incumbent upon Magistrate to have directed production of accused persons to inform them of their right to be released on default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Expiry of stipulated date on 07.11.2022 - Accused remanded till 17.11.2022 - In all fairness Court should have adjourned case to 07.11.2022 or at best 08.11.2022 on which date, the accused persons could be said to have acquired an indefeasible right to be released on default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Submission of charge sheet before Court Sub-Inspector is not the same thing as submission before Court, because once it is filed, it is to be taken on record by passing a judicial order...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Computation of remand period - Stipulated 60/90 days remand period u/s 167 Cr.P.C ought to be computed from the date when a Magistrate authorizes remand...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If accused avail their independent right of default bail before charge sheet/final report is filed, then such right would not stand frustrated or extinguished by any such subsequent filing...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - The very moment stipulated 60/90 days remand period expires, an indefeasible right to default bail accrues to accused...........
Criminal Procedure Code, 1973, Section 167(5) -- Investigation if not concluded within six months from the date on which accused was arrested in a case triable by Magistrate as a summons case - There cannot be an automatic order without anything else to stop investigation on expiry of six months from date of arrest of accused...........
