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Showing posts with label S 167 of crpc. Show all posts
Showing posts with label S 167 of crpc. Show all posts
Sunday, 24 May 2026

Constitutional Bail Jurisprudence under BNSS and Special Statutes

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1. Contextual Foundations: Article 21 and the Architecture of Liberty In the Indian criminal justice system, bail is the primary instrument ...
Thursday, 19 March 2026

Can Accused Get Default Bail under NDPS Act If FSL Report Isn't Submitted With Chargesheet Within Prescribed Time? Supreme Court Refers To Larger Bench

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In view of there being diversity of views of different Benches of this Court even on the question of granting interim bail, we are of the op...
Monday, 26 January 2026

Bombay HC: What consequences will follow if arrest of accused is declared illegal by court?

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The precious guarantee of 'Life and Liberty' as enshrined in Art. 21 of Constitution of India available to a citizen of this Country...

Bombay HC: What order the Magistrate or Session Judge should pass if arrest of accused is found in contravention of provisions of BNSS?

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ORDER 1. The arrest of the petitioner in connection with C.R. No.532/2024 of Tembhurni police station is declared to be illegal. 2. The peti...
Sunday, 28 December 2025

P & H HC: Even when the regular bail petition is pending before the High Court, the Sessions Court or Magistrate court are competent to grant default bail

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Resultantly, a pendency of bail petition either in the High Court or the Sessions Court would not disentitle the Magistrate or even the Sess...
Friday, 4 July 2025

Bombay High Court Declares Arrest Illegal For Failure To Produce Accused Within 24 Hours

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The Hon'ble Bombay High Court (Division Bench) held that arrest begins when liberty is restrained, not when formally recorded. Since the...
Friday, 20 June 2025

Bombay HC: Right to seek default bail in MCOCA case will arise next day after sanction to prosecute is refused by competent authority

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  The issue can be examined from a different angle. If we assume for the sake of argument that the effect of the order refusing sanction to ...

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

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A question remains, whether or not refusal of sanction by the A.D.G.P. under the provisions of the MCOC Act by itself will invalidate the gr...
Friday, 6 June 2025

Bombay High Court Quashes Arrest for Breach of 24-Hour Rule and Failure to Inform Nominated Person

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Background of the Case In Hemang Jadavji Shah v. State of Maharashtra & Ors. , Writ Petition No. 2989 of 2025, the Bombay High Court w...

Whether supplying ground of arrest to father of petitioner who had filed complaint against petitioner and was not nominated person is sufficient compliance of S 48 of BNSS?

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We have perused the reports placed on record to examine the second ground, which was argued regarding the grounds of arrest not supplied as ...
Tuesday, 21 January 2025

Supreme Court upheld Karnataka High court judgment on police custody remand under S 187 of BNSS(Old S 167 of CRPC)

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  The concerned Court itself  came to the conclusion that police custody is not required and has  dismissed the application(s) of the prosec...

Karnataka HC laid down the principles for grant of police custody under S 187 of BNSS(Old S 167 of CRPC)

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  SUMMARY OF FINDINGS: (i) A slight tweak in the new regime qua 187(3) of BNSS in juxtaposition to Section 167(2) of the earlier regime - th...
Friday, 2 February 2024

Whether accused can claim benefit of default bail if investigation regarding other accused is going on?

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  It is a well-settled principle of interpretation of statute that it is to be read in its entirety. Construction of a statute should be mad...
Sunday, 24 December 2023

Supreme Court: Day Of Remand Should Be Included For Considering Default Bail Claim

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In Ravindran(supra) and Bikramjit (supra), which followed the Constitution Bench in Sanjay Dutt(supra) it was rightly held that if the Accus...
Monday, 12 June 2023

Supreme Court : The Day on which accused is remanded by Magistrate should be counted for the purpose of default bail

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  Thus, the default bail Applications were filed well before the chargesheet. In Ravindran(supra) and Bikramjit (supra), which followed the ...
Sunday, 29 January 2023

Under which circumstances the court can cancel default bail after filing of chargesheet?

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  The submission on behalf of the respondent – original Accused No. 1 and the view taken by the High Court in the impugned judgment and orde...
Saturday, 24 December 2022

Whether the court can release the accused on default bail If chargesheet is filed without CA report in NDPS Act?

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 The investigating officer has forwarded letter to C.A./F.S.L. with samples for analysis on 2nd August, 2019. The CA report is now part of p...

What is the public prosecutor's role in hearing the application for grant of default bail to the accused?

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  14.2. It must also be added and it is well settled that issuance of notice to the State on the application for default bail filed under th...

Can the court refuse default bail to the accused if the prosecution files a second complaint after filing the bail application by the accused?

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Conclusion 17. In the present case, admittedly the Appellant-Accused had exercised his option to obtain bail by filing the application at 10...
Thursday, 15 December 2022

Whether the court can release accused on default bail in NDPS Case if prosecution has filed chargesheet without report of FSL?

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  It is no doubt correct that Hon’ble the Supreme Court and also a full  Bench of this Court have held that a challan even if not accompanie...