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SUNIL B. SHUKRE, M. W. CHANDWANI
Naresh Netram Nagpure – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
M.W.CHANDWANI, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.
2. Arrestees in Crime No. 47/2022 take out the application for default bail. The order favours prosecution agency. Aggrieved arrestees make an unsucces sful attempt of availing revisional jurisdiction. By way of this writ petition, they challenge the orders.
3. The brief facts, which give rise to the present petition are as under: The petitioners are being prosecuted by Police Station, Ramnagar, Gondia in Crime No. 47/2022 registered for the offences punishable under Sec. 302, 307, 324, 143, 147, 148 read with sec. 149 of the Indian Penal Code, 1860 (I.P.C.) and sec. 135 of the Maharashtra Police Act, 1951. The petitioners were arrested in the said crime on 25/2/2022 and were produced before the Judicial Magistrate First Class, Court No. 3, Gondia. The petitioners initially were sent to Police Custody Remand (PCR) and thereafter to Magisterial Custody Remand (MCR).
4. On 30/3/2022, the prosecution invoked the provisions of Sec. 3(1) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (here-in-after referred to as "MCOC Act" for short)
The right to default bail under Section 167(2) of the Cr.P.C. is absolute and arises when the charge-sheet is not filed within the stipulated time, and this right is not extinguished by the subsequen....
(1) Default bail – Once period of detention expired, sans charge-sheet having been lodged and accused manifested intent to avail right by making application, no subterfuge to defeat indefeasible righ....
The court reaffirmed that an accused’s right to default bail is contingent on proper legal procedures being followed; improper extensions can revive these rights until the formal charge-sheet is file....
The right to default bail under Section 167(2) of the Cr.P.C. ceases once a charge-sheet is filed, even if MCOCA is invoked subsequently.
An accused is entitled to default bail under Section 167(2) of Cr.P.C. if charges are not filed within the statutory period, emphasizing the fundamental right to personal liberty.
The right to default bail under Section 167(2) of the CrPC is a fundamental right linked to personal liberty under Article 21 of the Constitution, and its applicability to subsequent arrestees after ....
(1) Default bail – Filing of a charge-sheet is sufficient compliance with provisions of Section 167 of Cr.P.C. and accused cannot claim any indefeasible right of being released on statutory/default b....
Point of law : The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filin....
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