Computation Of Period Of Detention For Default Bail U/S 167 CrPC Is To Be Done Afresh If Additional Offence Found Against Accused: Rajasthan HC
2 years, 8 months ago

Computation Of Period Of Detention For Default Bail U/S 167 CrPC Is To Be Done Afresh If Additional Offence Found Against Accused: Rajasthan HC

Live Law  

The Rajasthan High Court has recently observed that the right to seek default/statutory bail accrues to the accused in the nature of an indefeasible right, only if such remedy by preferring an appropriate application has been availed of within the prescribed window from the date of expiry of total period of detention of accused person under Section 167 Cr.P.C., until filing of. The Rajasthan High Court has recently observed that the right to seek default/statutory bail accrues to the accused in the nature of an indefeasible right, only if such remedy by preferring an appropriate application has been availed of within the prescribed window from the date of expiry of total period of detention of accused person under Section 167 Cr.P.C., until filing of the charge-sheet. Dr. Justice Pushpendra Singh Bhati observed, "This Court hereby observes that the right to seek default/statutory bail accrues to the accused in the nature of an indefeasible right, only if such remedy by preferring an appropriate application has been availed of within the prescribed window from the date of expiry of total period of detention of accused person under Section 167 Cr.P.C., until filing of the charge-sheet." Whether the Court below, in computing the total period of detention of accused person as under Section 167 Cr.P.C., during which the accused – applicant was in custody, was right to exclude the period during which he was previously remained in custody, and subsequently released on bail i.e.

Court Bail Detention Custody Right Accused Offence 90 Days Section 167 167 167 Cr Such Remedy Total Period  right  days  offence  accused  detention  total  period  crpc  custody  default  167  hc  court  afresh  bail  offences  computation  rajasthan

History of this topic

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
1 week, 2 days ago

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

Live Law  

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities, 1967 on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
1 month, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
2 months ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court
4 months, 1 week ago

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court

Live Law  

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of …

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case
5 months, 2 weeks ago

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case

Live Law  

The Bombay High Court on Thursday granted bail to alleged conman Sukesh Chandra Shekhar, booked in a cheating case lodged against him in May 2015 for duping investors in a Ponzi Scheme. A rough and ready calculation of the total period of incarceration suffered by the applicant, in the context of the present case, leads to the period of about …

Delhi court rejects bail plea of Sharjeel Imam in sedition case
10 months ago

Delhi court rejects bail plea of Sharjeel Imam in sedition case

Hindustan Times  

New Delhi: A Delhi court on Saturday denied statutory bail to Sharjeel Imam in a sedition case filed against him for allegedly giving inflammatory speeches at various places in Delhi, including at Delhi’s Jamia area and Aligarh Muslim University, during the anti-CAA protests in 2019-2020. Sharjeel Imam was arrested in January 2020 Imam had moved the court under section 436A …

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 3 months ago

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

Live Law  

The Kerala High Court on Wednesday reiterated that Section 438 of the Code of Criminal Procedure does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438 excludes the grant of pre-arrest bail to offences under Sections …

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court
1 year, 6 months ago

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that further detention of an accused becomes unlawful if an order granting extension to submit the final report under Section 173 of the Criminal Procedure Code itself is overturned. The Investigating Officer sought an extension of time to submit the report under Section 173 of the CrPC, as the initial 180-day period …

[BAIL] Questions & Answers By Justice V. Ramkumar- Default Bail -PART-VI
1 year, 7 months ago

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

Live Law  

Q.26 Whether it is for the Magistrate or for the Special Court to extend the time for filing the charge-sheet for the period from 90 days to 180 days under Section 43 D of the Unlawful Activities Act, 1967? 1021- VRK - J. Q.27 In a case involving a scheduled offence under the UAP Act, on the expiry of 90 …

NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench
1 year, 11 months ago

NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench

Live Law  

The Calcutta High Court at circuit bench Jalpaiguri held that an accused who is under detention under provisions of NDPS Act, cannot be released automatically on statutory bail on the expiry of 180 days which is prescribed under section 36A of the Act until and unless he makes an application either in written or oral form. A Full bench comprising …

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court
1 year, 11 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 …

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case
2 years, 3 months ago

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case

Live Law  

Taking into consideration the "agony of trial" faced by the petitioner, who was convicted in a rash and negligent driving case, the Punjab and Haryana High Court has reduced the sentence of 1 year to the period of detention already undergone, i.e., 6 months. The bench comprising Justice Harnaresh Singh Gill relied on the view taken by the Apex Court …

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court
2 years, 4 months ago

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court

Live Law  

Punjab and Haryana High Court has reiterated that in terms of Section 437 of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence. The observation was made by Justice Jasjit Singh Bedi while dealing with a …

Relevant Date To Compute Limitation Period U/S 468 CrPC Is The Date Of Institution Of Prosecution: Allahabad High Court
2 years, 4 months ago

Relevant Date To Compute Limitation Period U/S 468 CrPC Is The Date Of Institution Of Prosecution: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the relevant date for the purpose of computing the period of limitation under Section 468 CrPC is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance of the offence. It may be noted that 'institution of prosecution' would …

Set-Off Under Section 428 CrPC Can't Be Claimed For Detention Undergone For Offence In Foreign Country : Supreme Court In Abu Salem's Case
2 years, 5 months ago

Set-Off Under Section 428 CrPC Can't Be Claimed For Detention Undergone For Offence In Foreign Country : Supreme Court In Abu Salem's Case

Live Law  

The Supreme Court, on Monday, held that law pertaining to setting-off of the period of detention undergone by accused against their sentence under Section 428 of the Cr.P.C. While passing judgment in Abu Salem's plea seeking reading down of the term of the life sentence imposed by the Trial Court to 25 years as per the sovereign assurance given by …

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court
2 years, 7 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 …

Default Bail- Merely Because Courts Were Closed For Holi Holidays, Prosecution Can't Get Benefit of Filing Charge-Sheet After Expiry of Stipulated Time: Rajasthan HC
2 years, 8 months ago

Default Bail- Merely Because Courts Were Closed For Holi Holidays, Prosecution Can't Get Benefit of Filing Charge-Sheet After Expiry of Stipulated Time: Rajasthan HC

Live Law  

The Rajasthan High Court observed that merely because the courts were closed for Holi Holidays, the prosecution cannot get the benefit of filing the charge-sheet after expiry of the period of 60 days or the stipulated period of time mandated by law. The court noted that it is a settled proposition of law that if the contraband recovered is below …

Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court
2 years, 9 months ago

Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court

Live Law  

The Supreme Court observed that the relevant date for the purpose of computing the period of limitation under Section 468 CrPC is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance of the offence.Section 468 of the Code of Criminal procedure deals with bar to …

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates
2 years, 10 months ago

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates

Live Law  

Reiterating that the date of remand will be computed while considering an application for statutory bail, Madras High Court observed that the right to default bail is part of the procedure established by law under Article 21 of the Constitution, hence an indefeasible fundamental right.The single-judge bench of Justice M. Nirmal Kumar was considering the plea by a POCSO accused, …

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part - II [Webinar Video And Notes]
3 years, 2 months ago

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part - II [Webinar Video And Notes]

Live Law  

Whether it is permissible for the Magistrate to grant "police custody" of the accused in the same case after the first 15 days of detention. Whether the bar against granting "police custody" beyond the first 15 days of detention under Clause of the first proviso to Section 167 Cr.P.C. Whether it will be illegal if a Magistrate orders "house arrest" …

[ISRO Espionage] Time Limit On Siby Mathew's Pre-Arrest Bail Order: Kerala High Court Seeks CBI Response
3 years, 2 months ago

[ISRO Espionage] Time Limit On Siby Mathew's Pre-Arrest Bail Order: Kerala High Court Seeks CBI Response

Live Law  

The Kerala High Court sought the response of the Central Bureau of Investigation regarding the order of the Sessions Court dated 24th August which imposed a time limit imposed on the pre-arrest bail granted to former DGP Siby Mathews, an accused in the ISRO espionage case.Justice K Haripal listed the matter on October 21st for further consideration. The Kerala High …

Computation of Delay in Filing Charge-Sheet & Right To Default Bail: Chattisgarh High Court
3 years, 5 months ago

Computation of Delay in Filing Charge-Sheet & Right To Default Bail: Chattisgarh High Court

Live Law  

The Chhattisgarh High Court arrived at a computation for the delay in filing the charge sheet, where the date of arrest is to be excluded and the date when charge-sheet was filed is to be included. It also held that the grant of default bail is an indefensible right under Section 167 CrPC, and the same cannot be defeated by …

Rajasthan High Court Restrains Police From Arresting Accused Charged With Offences Carrying Upto 3 Yrs Jail Term Till July 17, 2021
3 years, 7 months ago

Rajasthan High Court Restrains Police From Arresting Accused Charged With Offences Carrying Upto 3 Yrs Jail Term Till July 17, 2021

Live Law  

The Rajasthan High Court on Monday restrained the Police, for the time being, from making the arrest of the accused persons, who are charged with an offence where the maximum sentence is up to three years, till 17th July, 2021.The Bench of Justice Pankaj Bhandari directed the DGP to issue instructions to all the officers concerned in the State of …

Whether Period Of Unlawful Custody Should Be Considered For Default Bail?SC To Hear Gautam Navlakha's Plea On March 22
3 years, 9 months ago

Whether Period Of Unlawful Custody Should Be Considered For Default Bail?SC To Hear Gautam Navlakha's Plea On March 22

Live Law  

The Supreme Court on Monday said that it will hear on March 22 the petition filed by activist Gautam Navlakha challenging the Bombay High Court judgment which rejected his plea that he should be granted default bail by computing his 34-day period of house arrest in 2018.A division bench comprising Justices UU Lalit and KM Joseph adjourned the hearing on …

Default Bail- Period Of 90/60 Days Will Commence From Date Of Remand Only, Not From Any "Unlawful Custody" Prior To It: Bombay High Court
3 years, 10 months ago

Default Bail- Period Of 90/60 Days Will Commence From Date Of Remand Only, Not From Any "Unlawful Custody" Prior To It: Bombay High Court

Live Law  

The time spent in "unlawful custody" cannot be included while computing the 90 days period prescribed for grant of default bail under section 167 of the Criminal Procedure Code, the Bombay High Court held while rejecting senior journalist-activist Gautam Navlakha's petition for bail. A division bench of Justices SS Shinde and MS Karnik held that the 34 days Navlakha had …

Should Gautam Navlakha's House Arrest In 2018 Be Included For Computing Period For Default Bail? Bombay High Court To Decide
4 years ago

Should Gautam Navlakha's House Arrest In 2018 Be Included For Computing Period For Default Bail? Bombay High Court To Decide

Live Law  

The Bombay High Court on Wednesday reserved judgment on the appeal filed by Gautam Navlakha, accused in the Bhima Koregaon case, challenging the order of NIA court granting extension of time under the Unlawful Activities Prevention Act for filing chargesheet.Senior Advocate Kapil Sibal, appearing for Navlakha, submitted that the extension application under Section 43D of UAPA was. The Bombay High …

[Attempt To Rape] Accused U/s Section 511 R/w 376 IPC Entitled To Statutory Bail If Final Report Is Not Filed Within Sixty Days After Remand: Kerala HC [Read Order]
4 years, 3 months ago

[Attempt To Rape] Accused U/s Section 511 R/w 376 IPC Entitled To Statutory Bail If Final Report Is Not Filed Within Sixty Days After Remand: Kerala HC [Read Order]

Live Law  

The Kerala High Court has held that an accused charged for attempt to rape under Section 511 read with Section 376, is entitled to statutory bail if no Final Report is filed within sixty days.The court was considering a bail application filed by a person accused of attempting to rape. The Kerala High Court has held that an accused charged …

'Final Report Filed Only After Lapse Of 90 Days, Even Before Which Plea For Default Bail Filed': Madras HC Releases Murder Accused [Read Order]
4 years, 4 months ago

'Final Report Filed Only After Lapse Of 90 Days, Even Before Which Plea For Default Bail Filed': Madras HC Releases Murder Accused [Read Order]

Live Law  

Noting that the final report has been filed only after the lapse of the statutory period of 90 days, and even before the final report was filed, the petitioner had moved the subordinate court seeking default bail, the Madras High Court last week held a murder accused, in custody since 5 months, to be entitled to bail under section 167, …

Discover Related