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...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 36A(4) -- Default bail - Extension of time sought 20 minutes after filing of application for default bail - Order granting extension of time was quashed - No valid reason for denying valuable right for grant of `default bail' - Default bail allowed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Criteria for deciding entitlement for default bail is completion of investigation and not filing of final report - Minor defects in final report will not entitle accused to bail - In case final report is returned for completing the investigation and not resubmitted, after curing defects, within stipulated..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Challan presented within time but cognizance not taken as challan filed was being empty formality - Accused entitled to statutory bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet was already filed - Supplementary charge sheet along with sanction was filed on the same day on which application for grant of default bail was moved - It would not entitle accused to grant of default bail - Application for default bail rightly rejected...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time for completion of investigation or extension of remand - Notice and opportunity of hearing not given to accused - Constitutional right of accused to have fair opportunity to defend was taken away - Legality or otherwise of order of extension of period would also be taken note of while..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Pendency of another criminal case and seriousness of the allegation cannot be a ground to not complete the investigation within the statutory time and violating the fundamental right of the accused nor it would be a ground to not give notice of the prayer for extension of time to the accused...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused exercised his right of indefeasible bail, it should have been decided forthwith whether investigation was complete or not and whether accused was entitled to bail or not...........
