Right to default bail cannot be defeated by slapping graver charges, says Bombay HC
2 years, 10 months ago

Right to default bail cannot be defeated by slapping graver charges, says Bombay HC

India Today  

The Bombay High Court has held that the right to default bail of an accused cannot be defeated by invocation of gravers sections to get more time to file the charge sheet. Granting default bail in a case, Justice CV Bhadang said, “My opinion is that the indefeasible right accrued to the applicant on expiry of 60 days on account of failure to file the charge sheet cannot be defeated by mere invocation of Section 409 of the Indian Penal Code, claiming that the period for completion of the investigation and filing of the charge sheet is 90 days." Earlier, Somji had challenged the orders of a special court designated to hear cases under the MPID law, which denied him and his wife default bail on January 7. The special court had reasoned that the prosecution had invoked Section 409 of the IPC, a section entitling police to 90 days to file the charge sheet.

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History of this topic

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
2 weeks, 5 days ago

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail

Live Law  

Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case. It further said that the failure to release the petitioner under Section 479 BNSS, when his right to default …

Delhi court grants bail to CEO, coordinator in UPSC coaching drowning case
1 month, 2 weeks ago

Delhi court grants bail to CEO, coordinator in UPSC coaching drowning case

Hindustan Times  

A Delhi court on Monday granted bail to RAU's IAS Study Circle former CEO Abhishek Gupta and coordinator Deshpal Singh in a case related to the drowning of three aspirants at the basement of the coaching centre in Old Rajinder Nagar in July 2024. RAU's IAS Study Circle former CEO Abhishek Gupta and coordinator Deshpal Singh granted bail. Principal district …

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet
4 months, 2 weeks ago

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet

Hindustan Times  

MUMBAI: Observing that the Central Bureau of Investigation failed to file a chargesheet within 60 days after arresting the accused, a special CBI court on Tuesday granted default bail to Central Goods and Services Tax superintendent Sachin Gokulka and two other co-accused, arrested by the agency earlier for allegedly threatening and demanding a bribe of ₹60 lakh from a Malad-based …

Supreme Court dismisses ED's plea against grant of bail to accused in Jharkhand land 'scam'
6 months, 2 weeks ago

Supreme Court dismisses ED's plea against grant of bail to accused in Jharkhand land 'scam'

The Hindu  

The Supreme Court has dismissed a plea of the Enforcement Directorate challenging the grant of bail to an accused in a money laundering case related to the sale of 4.55 acres of land of the Indian Army in Ranchi, allegedly by creating false property documents. Jharkhand Chief Minister Hemant Soren, who is out on bail, is also an accused in …

Bombay High Court grants default bail to 2 PFI members
8 months, 1 week ago

Bombay High Court grants default bail to 2 PFI members

The Hindu  

A division bench of judges comprising, Justice Revati Mohite-Dere and Justice Gauri Godse of the Bombay High Court granted a default bail to Momin Moiuddin Gulam Hasan alias Moin Mistri and Asif Aminul Hussain Khan Adhikari who were accused of being the Popular Front of India members. On September 22, 2022, five men: Mazhar Mansoor Khan, Shaikh Sadik Isak Qureshi, …

Kavitha seeks ‘default bail’ in CBI case
8 months, 2 weeks ago

Kavitha seeks ‘default bail’ in CBI case

New Indian Express  

NEW DELHI: BRS leader K Kavitha on Monday submitted a default bail application before the Rouse Avenue Court contending that the Central Bureau of Investigation failed to file a complete chargesheet within the mandated 60-day investigation period in the Delhi excise policy-linked corruption case. Special Judge Kaveri Baweja has directed the central agency to file its response to the plea, …

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA
10 months, 1 week ago

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA

Live Law  

The Allahabad High Court on Tuesday granted 'default bail' to 11 alleged operatives of AQIS and JMB under Section 167 CrPC while holding the Special Court's orders extending the time to complete the investigation vis-a-vis the accused in the case as 'illegal', as the same was passed in their absence. Stressing the special court's duty to hear the accused persons …

Delhi Court dismisses default bail plea of Unitech's former promoters
11 months, 1 week ago

Delhi Court dismisses default bail plea of Unitech's former promoters

Hindustan Times  

A Delhi court has dismissed default bail pleas of Unitech's former promoters, Sanjay Chandra and Ajay Chandra, in a money laundering case relating to cheating of multiple homebuyers of several crore rupees. The Enforcement Directorate had recorded the case in 2018 based on over 60 FIRs registered against the accused for various offences, including cheating, criminal conspiracy, taking undue advantage …

Accused should get reasonable chance to fulfil bail conditions: Orissa HC
1 year, 1 month ago

Accused should get reasonable chance to fulfil bail conditions: Orissa HC

New Indian Express  

CUTTACK: An accused should be given reasonable opportunity to fulfil the bail conditions when no time limit is specified while granting it, the Orissa High Court has held. A single judge bench of Justice V Narasingh gave the ruling in the case of one Bhisma Behera whose bail plea was rejected by the trial court after granting default bail as …

Default Bail Can't Be Claimed On Ground That Investigation Is Pending Against Other Accused: Supreme Court Sets Aside Bail To Wadhwans In DHFL Case
1 year, 2 months ago

Default Bail Can't Be Claimed On Ground That Investigation Is Pending Against Other Accused: Supreme Court Sets Aside Bail To Wadhwans In DHFL Case

Live Law  

The Supreme Court today set aside the default bail granted to DHFL promoters Kapil Wadhawan and Dheeraj Wadhawan in the case related to the alleged multi-crore loan scam. Setting aside the concurring findings of the High Court and the Trial Court, the Bench of Justices Bela Trivedi and Pankaj Mithal noted that Kapil and Dheeraj Wadhawan cannot claim the statutory …

SC dismisses ED’s appeal against bail to DHFL’s Wadhawan in Yes Bank case
1 year, 11 months ago

SC dismisses ED’s appeal against bail to DHFL’s Wadhawan in Yes Bank case

Live Mint  

The Supreme Court has dismissed an appeal filed by the Enforcement Directorate against the Bombay High Court's decision to grant bail to Kapil Wadhawan and Dheeraj Wadhawan, former DHFL promoters, in a Yes Bank money laundering case. The legal issue had arisen during the hearing of an ED's appeal against a Bombay High Court order granting bail to the former …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III

Live Law  

Q.11 The default period applicable for the offence is 60 days. Q.12 Is not the accused entitled to default bail on the expiry of the period under the proviso to Section 167 Cr.P.C even without a written application for bail? In Hussainara Khatoon v. Home Secretary, State of Bihar AIR 1979 SC 1369 – P. N. Bhagwati, D. A. Desai …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

Is Accused Entitled To Default Bail If Charge Sheet Found Defective & Returned For Curing Defects After Statutory Period? Kerala High Court Answers
2 years ago

Is Accused Entitled To Default Bail If Charge Sheet Found Defective & Returned For Curing Defects After Statutory Period? Kerala High Court Answers

Live Law  

The Kerala High Court recently considered whether in cases where final report is filed within the statutory time limit of investigation, accused person’s entitlement for bail under Section 167 CrPC would subsist, if the charge sheet is found defective, and returned for curing the defects after the statutory time limit is over. Arun observed, "when faced with the Public Prosecutor's …

'Misconceived': Allahabad HC Dismisses PIL For 'Default Bail' To Rape Accused If Chargesheet Not Filed Within 2 Months Of FIR
2 years, 2 months ago

'Misconceived': Allahabad HC Dismisses PIL For 'Default Bail' To Rape Accused If Chargesheet Not Filed Within 2 Months Of FIR

Live Law  

The Allahabad High Court on Monday dismissed a Public Interest Litigation plea which prayed for a declaration that a rape accused may seek 'Default Bail', in case a chargesheet is not filed against him within two months of lodging of FIR. The Bench of Justice Manoj Misra and Justice Vikas Budhwar dismissed the plea for being ‘misconceived’ as it noted …

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court
2 years, 2 months ago

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court

Live Law  

Once the court extends the judicial custody of an accused, the refusal of sanction to prosecute will not invalidate the extension of custody, the Bombay High Court has held while refusing to grant default bail in a case under the Maharashtra Control of Organised Crime Act, 1999. Though the petitioners applied for bail 30 minutes before the charge sheet was …

Mumbai Court Grants Default Bail To Man Of Chinese Origin Accused Of Running Int'l Racket Of Fraudulent Loan Apps
2 years, 5 months ago

Mumbai Court Grants Default Bail To Man Of Chinese Origin Accused Of Running Int'l Racket Of Fraudulent Loan Apps

Live Law  

A Mumbai court last week granted default bail to a man of Chinese origin who has been accused of being a part of an international loan fraud racket. The Court noted that offence under section 420 IPC which attracts punishment of up to 7 years and as per Sec 167, the police were required to file the charge sheet against …

CBI court junks Anil Deshmukh's default bail plea in corruption case
2 years, 8 months ago

CBI court junks Anil Deshmukh's default bail plea in corruption case

India Today  

A special CBI court in Mumbai has rejected the default bail plea of former Maharashtra home minister Anil Deshmukh and his associates, Sanjeev Palande and Kundan Shinde, in a corruption case. They have filed an application for default bail stating that the chargesheet filed by the agency was incomplete and that the investigation was not complete. On Monday, after special …

Special CBI Court Refuses Default Bail To Former Maharashtra Home Minister Anil Deshmukh In Corruption Case
2 years, 8 months ago

Special CBI Court Refuses Default Bail To Former Maharashtra Home Minister Anil Deshmukh In Corruption Case

Live Law  

A special CBI court on Monday refused bail to former Home Minister of Maharashtra, Anil Deshmukh, in a corruption case related to police transfers and postings. The order was passed by Special Judge SH Gwalani, who also refused default bail to the NCP leaders co-accused Sanjeev Palande and Kundan Shinde on a plea seeking default bail. 100 crore corruption allegations …

Subsequent Filing Of Chargesheet Can't Defeat Indefeasible Right Of Accused Who Applied For 'Default Bail': Allahabad High Court
2 years, 8 months ago

Subsequent Filing Of Chargesheet Can't Defeat Indefeasible Right Of Accused Who Applied For 'Default Bail': Allahabad High Court

Live Law  

The Allahabad High Court has observed that an accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed. This assertion came from the bench of Justice Syed Aftab Husain Rizvi who held that an accused has an indefeasible right …

CBI opposes default bail plea of Anil Deshmukh in money laundering case
2 years, 9 months ago

CBI opposes default bail plea of Anil Deshmukh in money laundering case

India Today  

The Central Bureau of Investigation has opposed the default bail plea filed by former Maharashtra Home Minister Anil Deshmukh and his personal secretary, Sanjeev Palande. The agency has denied the allegation of an "incomplete chargesheet" made by Deshmukh and Palande and stated that the "action of the CBI in filing the charge sheet was perfectly legal and the charge sheet …

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court
2 years, 10 months ago

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court

Live Law  

The Bombay High Court has made it clear that an investigating agency cannot thwart the right to default bail of an accused by merely invoking graver charges. Justice CV Bhadang observed, The question arose as the charge under Section 409 IPC, which would extend the period of investigation to 90 days, was added against the accused days before expiry of …

Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail
3 years, 3 months ago

Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail

Live Law  

The Bombay High Court on Thursday refused a request by eight accused in the Bhima Koregaon – Elgar Parishad Case for substantial factual corrections to the HC's order denying them bail. The 8 accused - Sudhir Dhawale, Dr P Varavara Rao, Rona Wilson, Advocate Surendra Gadling, Professor Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira -approached the High Court …

Right To Default Bail Not Extinguished With 'Simultaneous' Filing Of Chargesheet: Madras High Court
3 years, 3 months ago

Right To Default Bail Not Extinguished With 'Simultaneous' Filing Of Chargesheet: Madras High Court

Live Law  

In a pertinent ruling, the Madurai Bench of Madras High Court has delved deep into the statutory provisions and precedents that determine the four corners of default bail under Section 167 of CrPC and Section 36 of NDPS Act. If the investigating agency files the charge sheet by 10.30 am, on the next day, after the expiry of the period …

Indefeasible Right To 'Default Bail' U/S 167 (2) CrPC If Chargesheet Not Filed Within Stipulated Time: Allahabad High Court
3 years, 4 months ago

Indefeasible Right To 'Default Bail' U/S 167 (2) CrPC If Chargesheet Not Filed Within Stipulated Time: Allahabad High Court

Live Law  

The Allahabad High Court has observed that an accused has an indefeasible right to 'default bail' under proviso to section 167 Cr.P.C. Facts in brief Significantly, he filed bail applications before the trial court and before the sessions court indicating that after expiry of 90 days period no charge-sheet had been filed, therefore, it was prayed that the applicant may …

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon
3 years, 6 months ago

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

Live Law  

The Bombay High Court on Wednesday reserved for orders a petition filed by eight accused in the Bhima Koregaon - Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail. The accused have filed the appeal against the Sessions court's order rejecting the default bail application under Section 167 …

Karnataka High Court Grants Default Bail To 115 UAPA Accused In Bengaluru Riots Case
3 years, 9 months ago

Karnataka High Court Grants Default Bail To 115 UAPA Accused In Bengaluru Riots Case

Live Law  

The Karnataka High Court recently granted default bail under section Section 167 of the Criminal Procedure Code to 115 accused in the case regarding violence that took place within the limits of the DJ Halli and KG Halli police station, on August 11, 2020. A bench of Justice S Vishwajith Shetty, while setting aside the order of the special NIA …

Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court
3 years, 11 months ago

Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court

Live Law  

In a bail order, the Kerala High Court on Thursday underscored that the accused cannot get default bail if a chargesheet originally filed within time is re-presented following the period after the defects are cured. A Bench comprising of Justice Ashok Menon observed to the effect while disposing of a bail application filed by one Saharath VP, an accused in …

Default Bail : State Cannot Take Advantage Of Filing One Charge Sheet First And Seeking Time To File Supplementary Charge-sheets To Extend The Time Limit U/S 167(2)
4 years ago

Default Bail : State Cannot Take Advantage Of Filing One Charge Sheet First And Seeking Time To File Supplementary Charge-sheets To Extend The Time Limit U/S 167(2)

Live Law  

The Supreme Court observed that the time period for investigation specified under Section 167 of the Code of Criminal Procedure cannot be extended by seeking to file supplementary charge sheet qua UAPA offences.The bench comprising Justices Sanjay Kishan Kaul and R. Subhash Reddy, while granting default bail to Fakhrey Alam, a person accused under Section 18 of the UAPA Act, …

'When No Minimum Sentence Is Prescribed, Accused is Entitled To Default Bail If Charge-Sheet Not Filed In 60 Days': Delhi High Court Grants Bail To Journalist Rajeev Sharma
4 years, 3 months ago

'When No Minimum Sentence Is Prescribed, Accused is Entitled To Default Bail If Charge-Sheet Not Filed In 60 Days': Delhi High Court Grants Bail To Journalist Rajeev Sharma

Live Law  

The Delhi High Court has granted bail to journalist Rajeev Sharma, who was arrested for allegedly leaking sensitive information to Chinese intelligence.The court observed that an accused is entitled to default bail if chargesheet is not filed in 60 days, if no minimum sentences is prescribed under the statute for the offences alleged against him.Sharma had earlier moved a petition …

Mass Disaster/Pandemic May Severely Obstruct Our Life But Doors Of Courts Must Remain Open For Protection Of Article 21: Allahabad High Court
4 years, 4 months ago

Mass Disaster/Pandemic May Severely Obstruct Our Life But Doors Of Courts Must Remain Open For Protection Of Article 21: Allahabad High Court

Live Law  

While observing that "non-performance of duty owing to holidays is a serious dereliction of duty on the part of the Session Judges/magistrates", the Allahabad High Court on Wednesday rapped the Magistrates/Session Judges from the district Lucknow/Hardoi and the State for failure to perform its duty. Court's Observation The Court said, The District Judges were under a bounden duty to assign …

Right to default bail for accused suffers amid coronavirus pandemic
4 years, 4 months ago

Right to default bail for accused suffers amid coronavirus pandemic

India Today  

Getting default bail during the Covid-19 pandemic has become an extremely difficult task for lawyers who are representing accused booked for different crime-related cases. A three-judge bench of the Supreme Court comprising of Justices Rohinton Fali Nariman, Navin Sinha and KM Joseph recently held, “The right to default bail is not a mere statutory right under the first proviso to …

Default Bail Cannot Be Denied To Accused Just Because He Filed Application U/S 439 Instead of 167(2) CrPC : Delhi High Court
4 years, 4 months ago

Default Bail Cannot Be Denied To Accused Just Because He Filed Application U/S 439 Instead of 167(2) CrPC : Delhi High Court

Live Law  

In a landmark ruling, the Delhi High Court has granted bail in a case where the accused was prepared to furnish bail and comply with the conditions under Section 167 of the Code of Criminal Procedure but had submitted his application under Section 439 CrPC. The court held that in the instant case, although the accused had submitted his application …

Right To Default Bail Is Enforceable Even If Charge Sheet/Report Seeking Extension Of Time Is Subsequently Filed: SC [Read Judgment]
4 years, 5 months ago

Right To Default Bail Is Enforceable Even If Charge Sheet/Report Seeking Extension Of Time Is Subsequently Filed: SC [Read Judgment]

Live Law  

The Supreme Court has observed that where the accused has already applied for default bail, the Prosecutor cannot defeat the enforcement of his indefeasible right by subsequently filing a final report, additional complaint or report seeking extension of time.The bench comprising Justices Uday Umesh Lalit, Mohan M. Shantanagoudar and Vineet Saran, while allowing an appeal against. The Supreme Court has …

Subsequent Filing Of Chargesheet Does Not Extinguish Indefeasible Right Of Accused Who Applied For 'Default Bail': SC [Read Judgment]
4 years, 5 months ago

Subsequent Filing Of Chargesheet Does Not Extinguish Indefeasible Right Of Accused Who Applied For 'Default Bail': SC [Read Judgment]

Live Law  

The Supreme Court has observed that the accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed.The right to default bail, Justice RF Nariman led bench said, is a fundamental right granted to an accused person to be released …

SC Stays Bombay HC Order Granting Bail to Wadhawan Brothers in Yes Bank Case
4 years, 6 months ago

SC Stays Bombay HC Order Granting Bail to Wadhawan Brothers in Yes Bank Case

News 18  

The Supreme Court on Thursday stayed a Bombay High Court order granting bail to former DHFL promoters, Kapil Wadhawan and Dheeraj Wadhawan,in the Yes Bank money laundering case being probed by the Enforcement Directorate. The Bombay High Court had on August 20 granted bail to the Wadhawan brothers stating that mandatory default bail is the sequel to non-filing of charge …

Yes Bank Fraud Case: Bombay HC Grants Bail to DHFL Promoters Kapil and Dheeraj Wadhawan
4 years, 7 months ago

Yes Bank Fraud Case: Bombay HC Grants Bail to DHFL Promoters Kapil and Dheeraj Wadhawan

News 18  

The Bombay High Court on Thursday granted bail to Dewan Housing Finance Corporation Ltd promoters Kapil Wadhawan and Dheeraj Wadhawan, who have been accused of money laundering by the Enforcement Directorate in the multi-crore Yes Bank fraud case. An accused can seek default bail if the investigating agency fails to file a charge sheet against him or her in the …

Default Bail – Covid 19 Times : An Unnecessary Controversy
4 years, 10 months ago

Default Bail – Covid 19 Times : An Unnecessary Controversy

Live Law  

Darnel's case or the Five Knights case is a case of major constitutional importance. Since there was a practical difficulty in completing investigations within the 15-day time limit, the prosecution often took recourse to the provisions of Section 344 of the Code of Criminal Procedure, 1898 and filed a preliminary or incomplete report before the Magistrate to keep the accused …

31 accused get bail in Suryanelli case
12 years ago

31 accused get bail in Suryanelli case

The Hindu  

A Division Bench of the Kerala High Court on Thursday granted bail to 31 accused persons in the Suryanelli sex scandal case on stringent conditions after suspending the execution of the sentences awarded to them by a Special Court. The court also noted that the High Court had earlier suspended the execution of sentence in 2000 and released them on …

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