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DELHI HIGH COURT
YOGESH KHANNA
Qing Shi – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. challenge to bail order based on arrest timeline. (Para 1 , 2 , 3) |
| 2. arguments regarding the validity of bail application. (Para 4 , 5) |
| 3. court addresses the maintainability of bail application. (Para 6 , 7 , 8) |
| 4. final order granting bail under specific conditions. (Para 9 , 10 , 11 , 12) |
JUDGMENT
Yogesh Khanna, J.(Through Video Conferencing)--The petition is filed against the impugned order dated 16.12.2020 passed by the learned Additional Session's Judge-02, Patiala House Courts New Delhi (hereinafter referred learned Appellate Court) in Criminal Revision No.65/2020 filed by the State in case FIR No.230/2020 under Section 3 /4/5 of the OFFICIAL SECRETS ACT and Section 120B IPC registered at police station Special Cell thereby reversing the order 08.12.2020 passed by the learned Chief Metropolitan Magistrate, New Delhi District, Patiala House Courts, New Delhi (hereinafter referred learned Trial Court)
2. The petitioner herein was shown to have been arrested in the above case and was in judicial custody since 27.09.2020. She was admitted to bail vide bail application under Section 167 (2) CRIMINAL PROCEDURE CODE (Cr P C) vide order dated 08.12.2020 passed by t
An accused entitled to default bail under Section 167(2) is not required to explicitly state this in their application, provided they demonstrate readiness to furnish bail bonds after the statutory p....
Criminal Conspiracy - Grant of Bail - Petitioner was not ready to furnish her bail bond after expiry of statutory period of sixty days and thus would be entitled to be released on bail, though said a....
The main legal point established in the judgment is that the accused must exercise the right to default bail promptly, and if the charge-sheet is filed before the accused avails of this right, the ri....
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....
The main legal point established is that an accused has an indefeasible right to default bail if the charge-sheet is not filed within the prescribed period, and the accused's intent and preparation f....
An accused has an indefeasible right to default bail if the charge-sheet is not submitted within the prescribed period, and the accused's intent and preparation for default bail can be gathered from ....
Application u/s 167(2) Cr.P.C. must be disposed of promptly and such application should not be treated as a regular bail application.
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