Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Some of the accused absconding - Case kept open against them u/s 173(8) Cr.P.C. - Charge sheet filed against them beyond 90 days of their arrest - Such accused are entitled to default bail...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 27A, 29, 36A -- Contraband - Challan presented without FSL report - Contention that report of FSL form very foundation of case of prosecution and is an integral part of challan cannot be brushed aside - Default bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(b), 29 -- Default bail - Extension of time - Application for extension of time not in terms of mandate of proviso to S.36-A(4) of the Act as such same cannot be allowed - Default bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Contraband - Charge sheet filed without FSL report within time period as per law - Non-filing of FSL report with charge sheet does not fall within the realms of S.173(2) of Cr.P.C. - Moreso, amount of quantity recovered from accused is of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet not filed within stipulated period of 60 days - Charge sheet filed on the same day on which application for default bail was filed - Impugned order shows that charge sheet was filed at 4.00 p.m. - Thus indisputably, charge sheet was not filed before filing of default bail application - Accused is..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet and application for default bail filed on the same day - However, charge sheet was filed before filing of application for default bail - Accused's right of default bail is thus, extinguished - Application for default bail rightly rejected...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 406, 409, 420, 34 -- Default bail - Charge sheet not filed within 60 days - Right accrued for default bail cannot be defeated by mere invocation of S.409 IPC claiming that period of completion of investigation and filing of charge sheet is 90 days - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Date on which accused was remanded to judicial custody has to be excluded from calculation of statutory period as prescribed u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21(c), 29 -- Default bail - Day of initial remand of accused to be excluded from statutory period - Prayer of extension allowed on 180th day - Unless statutory period of 180 days is completed, no right of default bail accrues in favour of accused - Bail..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Irrespective of any date mentioned regarding preparation of charge-sheet, date of its submission before Court is only relevant for the purpose of default bail u/s 167(2) Cr.P.C...........
