Search Results for Tag : default bail
Judgments
Where no minimum sentence is prescribed, accused is entitled to default bail if charge-sheet not filed in 60 days(04.12.2020)
Accused had moved a petition under Section 167(2) of Code of Criminal Procedure, 1973 (CrPC) to release him, on the ground that, 60 days period having.....
Tags : Charge sheet, Time period, Default bail
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News
P&H HC: Accused Enjoying Interim Bail in Pandemic Not Entitled To 'Dual Benefit' of Default Bail(24.07.2020)
Punjab and Haryana High Court has denied default bail to an accused on the grounds that he was not entitled to dual benefit of default bail and interi.....
Tags : Punjab and Haryana High Court, 'Dual Benefit' of Default Bail
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Orissa HC: Date of Submission of Chargesheet is Only Relevant Date for Grant of Default Bail(25.04.2022)
Orissa High Court has held that date of submission of chargesheet is the only relevant date that should be taken into consideration while granting def.....
Tags : Orissa High Court, Date of Submission of Chargesheet, Grant of Default Bail
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Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)
Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....
Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra
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Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)
Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....
Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra
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Madras HC: Right to Default Bail u/s 167(2) CrPC Not Affected by SC Order Extending Limitation(11.05.2020)
Madras High Court has held that the general order passed by the Supreme Court to extend the period of limitation for filing cases in view of the COVID.....
Tags : Madras High Court, Default Bail
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Madras HC: No Default Bail Claiming Benefit of SC Order Extending Limitation(13.05.2020)
Madras High Court has held that accused cannot claim 'default' bail taking advantage of the suo moto order passed by the Supreme Court to extend limit.....
Tags : Madras High Court, Default Bail
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SC: Right to Default Bail Enforceable Even if Charge Sheet Seeking Extension of Time Filed(27.10.2020)
Supreme Court has observed that where the accused has already applied for default bail, the Prosecutor cannot defeat the enforcement of his indefeasib.....
Tags : Supreme Court, Right to Default Bail
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SC: Courts Should Inform Accused Availability of Right to Avail Default Bail(27.10.2020)
Supreme Court has observed that Courts should inform the accused of the availability of their indefeasible right to avail 'default bail' once it accru.....
Tags : Supreme Court, Right to Avail Default Bail
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Allahabad HC: Subsequent Filing of Chargesheet Can't Defeat Right of Accused for Default Bail(04.07.2022)
Allahabad High Court has held that an accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for inv.....
Tags : Allahabad High Court, Default Bail, Chargesheet
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SC: Subsequent Filing of Chargesheet Does Not Extinguish Right of Accused for 'Default Bail'(13.10.2020)
Supreme Court has observed that the accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for inves.....
Tags : Supreme Court, Right of Accused for 'Default Bail'
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Delhi HC: Default Bail Cannot Be Denied Just Because Application Filed u/s 439 CrPC(11.11.2020)
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(2) of the .....
Tags : Delhi High Court, Default Bail
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Delhi HC: Object of Default Bail Linked With Accused’s Right under Article 21(10.08.2022)
Delhi High Court has held that object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding.....
Tags : Delhi High Court, Default Bail, Article 21
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SC: Court Cannot Impose Condition of Deposit of Money While Granting Default/Statutory Bail(16.10.2020)
Supreme Court has held that while granting default bail/statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973 condition of depos.....
Tags : Supreme Court, Default Bail
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Kerala HC: Not Mandatory to Hear Victim While Considering Rape Accused's Plea for Default Bail(14.09.2020)
Kerala High Court has held that provision contained in Section 439(1A) of the Code of Criminal Procedure does not apply to an application for bail und.....
Tags : Kerala High Court, Plea for Default Bail
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SC: Accused Released on Default Bail Cannot be Re-arrested on Filing of Charge Sheet(07.01.2021)
Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by police.
Tags : Supreme Court, Accused Released on Default Bail
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SC: Default Bail Granted Erroneously Can Be Cancelled by High Court u/s 439(2) CrPC(23.11.2020)
Supreme Court has observed that a 'default bail' illegally or erroneously granted under Section 167(2) of the Code of Criminal Procedure, 1973 (Cr.PC).....
Tags : Supreme Court, Default Bail
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Delhi HC to Registrar General: Explore Possibility of Software to Preserve Right to Default Bail(15.11.2022)
Delhi High Court has asked its Registrar General to implement a 2018 verdict wherein he was requested to explore the possibility of creation of a data.....
Tags : Delhi High Court, Default Bail, Software
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Kerala HC: Application for Default Bail Filed Through E-Filing Valid(21.11.2022)
Kerala High Court has held that an application for default bail, filed timely through e-filing mode, cannot be ignored by the trial courts for want of.....
Tags : Kerala High Court, E-Filing, Default Bail
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SC: After Presentation of Chargesheet Default Bail Can be Cancelled on Merits(16.01.2023)
Supreme Court has held that there is no absolute bar that once a person is released on default bail, it cannot be cancelled on merits and grounds like.....
Tags : Supreme Court, Default Bail, Chargesheet
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SC: Default Bail Can be Cancelled Based on Reasons Made Out in Chargesheet(17.01.2023)
Supreme Court has held that if special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default.....
Tags : Supreme Court, Default Bail, Non-Bailable Offence, Chargesheet
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JKL HC: Pseudo Police Report Can’t Defeat Right of Accused to Default Bail(15.02.2023)
Jammu and Kashmir and Ladakh High Court has held that pseudo police report even if filed within the time frame required under CrPC, cannot be given le.....
Tags : Jammu and Kashmir and Ladakh High, Default Bail, Pseudo Police Report
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Kerala HC: Accused Cannot Get Default Bail If Chargesheet Originally Filed Within Time(26.04.2021)
Kerala High Court has held that the accused cannot get default bail if a chargesheet originally filed within time is re-presented following the period.....
Tags : Kerala High Court, Default Bail
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SC: Filing Incomplete Chargesheet Without Investigation Won’t Extinguish Right to Get Default Bail(26.04.2023)
Supreme Court has held that if investigating agency files a chargesheet without completing investigation, the same would not extinguish the right of t.....
Tags : Supreme Court, Chargesheet, Default Bail
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SC: Chargesheet Can’t be Said to be Incomplete Merely Because it was Filed Without Sanction(01.05.2023)
Supreme Court while observing that merely because chargesheet was filed without it can’t be considered an incomplete chargesheet, has held that accuse.....
Tags : Supreme Court, Chargesheet, Sanction, Default Bail
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Karnataka HC: Non-compliance of POCSO Act Not to Entitle Accused to Release on Default Bail(10.05.2021)
Karnataka High Court has held that non compliance of section 35 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 will not entitle .....
Tags : Karnataka High Court, Default Bail
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SC: Day of Remand Should be Included While Considering Default Bail Claim(28.03.2023)
Supreme Court has held that day of remand is to be included for considering for considering a claim for default bail, and observed that remand period .....
Tags : Supreme Court, Default Bail, Remand
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SC: Can’t Claim Default Bail When First Time Extension Not Challenged, Second Passed in his Presence(13.04.2023)
Supreme Court has held that when two time extensions are granted by Court, second extension granted in the presence of accused, which are not challeng.....
Tags : Supreme Court, Default Bail, Extension of Time
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SC to All Courts: Defer Applications for Default Bail Based on 'Ritu Chhabaria' Judgment(02.05.2023)
Supreme Court while agreeing to constitute 3 judge bench to consider Centre’s plea to recall judgment in Ritu Chhabaria v. UOI [MANU/SC/0459/2023] has.....
Tags : Supreme Court, Ritu Chhabaria Case, Default Bail
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Del. HC Denies Default Bail to NSCN(IM) Leader Alemla Jamir in Terror Funding Case(03.05.2023)
Delhi High Court while observing that case has progressed to the stage where part evidence has already been recorded, implying that the charge-sheet f.....
Tags : Delhi High Court, Default Bail, NSCN(IM), Terror Funding
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Chhattisgarh HC: Grant of Default Bail is Indefensible Right Under S. 167(2) CrPC(12.07.2021)
Chhattisgarh High Court has held that to arrive at a computation to calculate the delay in filing the charge sheet, the date of arrest is to be exclud.....
Tags : Chhattisgarh High Court, Grant of Default Bail
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Del. HC: Filing Piece-Meal Charge-sheet for Defeating Right to Default Bail is Against Article 21(22.05.2023)
Delhi High Court has held that picking one aspect of the investigation and filing a piecemeal charge-sheet to defeat the applicant’s right to default .....
Tags : Delhi High Court, Default Bail, Constitution
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Bombay HC Seeks Reply on Sudha Bharadwaj's Plea for Default Bail in Bhima Koregaon Case(23.06.2021)
Bombay High Court has directed the National Investigating Agency and State to file their replies in lawyer-activist Sudha Bharadwaj's plea seeking def.....
Tags : Bombay High Court, Default Bail in Bhima Koregaon Case
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Del. HC: Accused Entitled to Default Bail if Prosecution Files Preliminary or Incomplete Chargesheet(18.09.2023)
Delhi High Court has held that right of an accused to default bail under Section 167(2) of CrPC would arise in a case where the chargesheet is not fil.....
Tags : Delhi High Court, Default Bail, Chargesheet
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Ker. HC: Arbitrary Bail Condition for Default Bail Violates Article 21(05.12.2023)
Kerala High Court has held that arbitrary conditions imposed while granting statutory/default bail amount to infringement of the fundamental right of .....
Tags : Kerala High Court, Article 21, Bail Condition, Default Bail
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Allahabad HC: Indefeasible Right To Default Bail If Chargesheet Not Filed Within Stipulated Time(11.11.2021)
Allahabad High Court has observed that an accused has an indefeasible right to 'default bail' under proviso to section 167(2) of the Code of Criminal.....
Tags : Allahabad High Court, Indefeasible Right To Default Bail
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SC: Default Bail Can’t be Claimed on Ground of Pending Investigation Against Other Accused(24.01.2024)
Supreme Court has held that statutory right of default bail cannot be claimed by accused under Section 167(2) of Code of Criminal Procedure, 1973 on t.....
Tags : Supreme Court, Pending Investigation, Default Bail, Section 167(2) of CrPC
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