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, reiterated. 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. "We do not think that the State can take advantage of the fact that in one case there is one charge sheet and supplementary charge sheets are used to extend the time period in this manner by seeking to file the supplementary charge sheet qua the offences under the UAPA Act even beyond the period specified under Section 167 of the Cr.P.C beyond which default bail will be admissible, i.e., the period of 180 days. Yet another contention raised by the accused in this case was that the Chief Judicial Magistrate, Lucknow could not have granted 180 days for filing of the charge sheet as the jurisdiction in respect of offences under the UAPA Act, which cases are entrusted to NIA, vests only with the special courts and this aspect was no more res integra in view of judgment of this Court in the case of Bikramjit Singh vs. State of Punjab.

Court Uttar Pradesh Bail Charge Case Right State Period Sheet File Default Charge Sheet Supplementary 180 Days Bikramjit Singh Uapa Default Bail Sanjay Kishan Kaul Section 167 Of First Proviso Fakhrey Alam  sheet  case  extend  uapa  limit  state  right  default  chargesheets  file  court  bail  supplementary  period  seeking  charge  filing

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 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 …

Supreme Court Dismisses Plea To Give Preference To Default Bail Application Filed On Same Day As Application To Extend Time For Investigation
2 months, 1 week ago

Supreme Court Dismisses Plea To Give Preference To Default Bail Application Filed On Same Day As Application To Extend Time For Investigation

Live Law  

The Supreme Court on January 8) dismissed a Special Leave Petition, wherein the accused person had challenged the order of the Karnataka High Court denying him statutory bail under the Unlawful Activities Act, 1967. By the said order, the High Court affirmed the trial court's deciison to give precedence to the investigation agency's application for extension of time to investigate …

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

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet
4 months, 1 week 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 …

High Court Allows Bail Despite Lack of Forensic Report in NDPS Case
5 months ago

High Court Allows Bail Despite Lack of Forensic Report in NDPS Case

Live Law  

The Calcutta High Court has allowed the application for default bail in an NDPS matter to proceed despite the fact that the chargesheet was filed without a forensic report within the 180-day limit stipulated by the law. The court held that the petitioner became entitled to statutory bail upon expiry of the 180-day period, as the charge sheet was filed …

Allahabad HC relief to SP MLA in 2021 criminal case
7 months, 1 week ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

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

[Advt.]7 Day Online Certificate Course On Art Of Contesting Bail Applications By Legal Expatiate [1st To 7th June]
9 months, 3 weeks ago

[Advt.]7 Day Online Certificate Course On Art Of Contesting Bail Applications By Legal Expatiate [1st To 7th June]

Live Law  

This Course will upgrade your knowledge regarding the bail applications in sessions court and high court under old and new law which is applicable from 1st July, 2024 which every lawyer and law student must possess. TOPICS COVERED Module 1 - Concept of bail - ⁠Bailable and non bailable offences - ⁠Types of Bail - Regular Bail and Anticipatory Bail …

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

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
10 months, 3 weeks ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

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

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial
1 year ago

Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial

Hindustan Times  

The Supreme Court on Wednesday pulled up the Enforcement Directorate saying the central agency cannot keep on filing supplementary chargesheets and keep person in jail without trial. The remarks by a top court bench of justices Sanjiv Khanna and Dipankar Datta were made while taking exception to the agency filing four supplementary chargesheets in a money laundering case arising from …

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 …

‘Bail is rule, jail an exception’ does not apply in terror cases: Supreme Court
1 year, 1 month ago

‘Bail is rule, jail an exception’ does not apply in terror cases: Supreme Court

Hindustan Times  

Bail in terror cases must be rejected as a “rule” when courts have reasonable grounds to believe that the charges are prima facie true, the Supreme Court held on Thursday in a judgment that prescribes a “twin prong” test, severely narrowing the scope of bail in Unlawful Activities Prevention Act. A view of the Supreme Court of India building, According …

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, 1 month 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 …

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
1 year, 2 months ago

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

Live Law  

In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time. The petitioner submitted …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year, 3 months ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC
1 year, 6 months ago

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that the mere filing of an FSL report with the chargesheet in a NDPS case will not be a ground to cancel default bail granted to an accused.Justice Deepak Gupta observed, ".it is made clear that merely filing the FSL report along with the challan in itself will not be …

Supreme Court Half Yearly Bail Digest 2023
1 year, 7 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]
1 year, 10 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]

Live Law  

Q.1 The accused is charge sheeted by the police for an offence punishable under Section 326 IPC. The accused files an appeal before the Sessions Court under Section 374 Cr.P.C and obtains an order under Section 389 Cr.P.C suspending the sentence and releasing him on bail. The accused files an application before the Sessions Court for bail under Section 389 …

[BAIL] Questions & Answers By Justice V. Ramkumar- Default Bail -PART-VI
1 year, 10 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 …

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

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

Live Law  

Q.16 Is the above decision in Union of India v. Thamisharasi reported in 4 SCC 190 applicable to offences under the Kerala Abkari Act? What the said section provides is only that if the investigating agency fails to submit a charge sheet within 90 days, then they cannot seek the continued detention of the accused in custody. Since the defects …

[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 …

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court
2 years, 1 month ago

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that a 'pseudo police report' under section 173 CrPC, even if filed within time frame of section 167 CrPC, cannot be given legal sanctity to betray the statutory/default bail right of an accused in a case. Meanwhile, after passing of the order dated 21.02.2022 of return of the so called …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VI
2 years, 1 month ago

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

Live Law  

Q.26 Is the requirement in the bail order and in the bail bond in a bailable offence that the accused should attend the court at the time and place specified therein, a bail condition? Q.27 Role, if any, of the State Government when an accused person who is granted bail executes a bond with or without sureties? that the accused …

NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench
2 years, 1 month 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 …

View That Default Bail Cannot Be Cancelled On Merits Will Reward Lethargic Investigation : Supreme Court
2 years, 2 months ago

View That Default Bail Cannot Be Cancelled On Merits Will Reward Lethargic Investigation : Supreme Court

Live Law  

The Supreme Court, on Monday, held that when special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default bail granted to an accused under proviso to Section 167 CrPC can be cancelled. A case for cancellation of default bail can be considered by the court if - the defects for which default bail …

Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme Court
2 years, 2 months ago

Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme Court

Live Law  

State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy| 2023 LiveLaw 37 | SLP No. Ms. Jesal Wahi, AOR Headnotes: Code of Criminal Procedure, 1973; proviso to Section 167 -Default bail can be cancelled on merits - there is no absolute bar that once a person is released on default bail under Section 167 Cr.P.C., his bail cannot …

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 …

Accused Not Entitled To Default Bail Due To Non-Filing Of FSL Report Along With Chargesheet: Gujarat High Court
2 years, 3 months ago

Accused Not Entitled To Default Bail Due To Non-Filing Of FSL Report Along With Chargesheet: Gujarat High Court

Live Law  

The Gujarat High Court has recently observed that an accused won't be entitled to default bail if the police have not filed an FSL report along with the charge sheet.The bench of Justice Samir J. Dave observed thus as it noted that a charge sheet filed without annexing the FSL report cannot be termed as defective or incomplete and thus, …

Application For Default Bail Filed Through E-Filing Valid, Cannot Ignore It For Want Of Physical Copy: Kerala High Court
2 years, 4 months ago

Application For Default Bail Filed Through E-Filing Valid, Cannot Ignore It For Want Of Physical Copy: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that an application for default bail, filed timely through e-filing mode, cannot be ignored by the trial courts for want of production of physical copy of the same. The trial court had taken note of the judgment of the Kerala High Court in State of Kerala v. Muneer to hold that "even if …

No Default Bail U/S 167 CrPC If Chargesheet Filed Before Arrest: Karnataka HC Rejects Accused Plea In Gauri Lankesh Murder Case
2 years, 4 months ago

No Default Bail U/S 167 CrPC If Chargesheet Filed Before Arrest: Karnataka HC Rejects Accused Plea In Gauri Lankesh Murder Case

Live Law  

The Karnataka High Court has dismissed a petition filed by Hrishikesh Devdikar, an accused in the journalist Gauri Lankesh murder case, seeking default bail under section 167 of the Criminal Procedure Code. A single judge bench of Justice Suraj Govindaraj said that the accused would not be entitled to the benefit under Section 167 CrPC if 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 …

Right To File Bail Plea Sans Delay & Access To Legal Aid 'Intertwined': Allahabad HC Suggests Positive Measures For Undertrial Prisoners
2 years, 6 months ago

Right To File Bail Plea Sans Delay & Access To Legal Aid 'Intertwined': Allahabad HC Suggests Positive Measures For Undertrial Prisoners

Live Law  

Emphasizing that the rights to file a bail without delay and access to legal aid of an eligible prisoner are intertwined, the Allahabad High Court on Monday suggested some significant positive measures so as to overcome the delay in filing of bail pleas by undertrial prisoners in absence of proper legal aid. "The right of moving a bail application becomes …

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, 6 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 …

Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court
2 years, 7 months ago

Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court

Live Law  

The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention.Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under …

NIA seeks time to file chargesheet against 2 accused in D-gang terror financing case
2 years, 7 months ago

NIA seeks time to file chargesheet against 2 accused in D-gang terror financing case

India Today  

A special Court under the National Investigation Agency Act has reserved its order on the application filed by NIA seeking an extension of time to file chargesheet against two accused arrested in the terror funding case related to underworld fugitive Dawood Ibrahim and others. The special public prosecutor said that the accused were related to the Dawood gang and the …

Section 436A CrPC Akin To Statutory Bail ; Can Be Invoked By Accused Arrested Under PMLA : Supreme Court
2 years, 7 months ago

Section 436A CrPC Akin To Statutory Bail ; Can Be Invoked By Accused Arrested Under PMLA : Supreme Court

Live Law  

The Supreme Court observed that the beneficial provision of Section 436A of Criminal Procedure Code could be invoked by the accused arrested for offence punishable under the Prevention of Money Laundering Act, 2002 Act.Section 436A CrPC needs to be construed as a statutory bail provision and akin to Section 167 CrPC, the bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and …

Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court
2 years, 8 months ago

Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court

Live Law  

The Supreme Court observed that statements made under Section 161 of Code of Criminal Procedure are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence. "Ex facie, the allegations are grave, and it cannot be said that there are no materials on record at all", the bench …

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 …

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 …

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 …

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 …

NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet
2 years, 10 months ago

NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet

Live Law  

The Orissa High Court has set aside the orders passed by a Sessions-cum-Special Court which granted extension to submit chargesheet without providing hearing to accused and not even releasing him when he was entitled for default bail. The petitioner has filed this petition and has prayed to releasing him on default bail in terms of Section 36-A of the NDPS …

Indefinite Adjournment Of Anticipatory Bail Plea, That Too After Admitting It, Detrimental To Personal Liberty : Supreme Court
3 years ago

Indefinite Adjournment Of Anticipatory Bail Plea, That Too After Admitting It, Detrimental To Personal Liberty : Supreme Court

Live Law  

The Supreme Court has disapproved the course adopted by the Chhattisgarh High Court in admitting an anticipatory bail application with a further direction to list in due course, without considering an application seeking interim protection.While disapproving the course adopted as a matter of procedure, a Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli observed that. The …

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates
3 years, 1 month 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, …

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 …

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