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ILESH J. VORA
JORAVARSINH @ BHANO VIKRAMSINH SOLANKI – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
ILESH J. VORA, J.
1. Both the bail applications arising out of one and same FIR and therefore, they were heard together and disposed of by this common judgment.
2. The applicants have filed these default bail applications under Section 167 (2) of Cr.P.C. and Section 20 (2) of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (hereinafter referred to as “GUJCTOC” for short) in connection with FIR being II-C.R. No. 42/2021 [(Part-B) C.R. No. 11206061210131 of 2021] registered with Santhal Police Station, District Mahesana for the offences punishable under Sections 3 (1) (i), 3 (1) (ii), 3 (2), 3 (3), 3 (4) and 3 (5) of the GUJCTOC Act.
3. These default bail applications filed invoking Section 167 (2) of Cr.P.C. mainly on the premise that, when the Special Court passed orders on the report submitted by learned Public Prosecutor, by which, time to complete investigation was extended for a further period of 30 days, without informing them about the report submitted by the public prosecutor and at the time of passing the order, they were not called upon by issuing
The main legal point established in the judgment is that the failure to produce the accused before the Special Court and to inform them about the application for extension of time rendered the orders....
(1) Default bail – Indefeasible right to default bail is an integral part of right to personal liberty under Article 21 and said right cannot be suspended even during pandemic situation.(2) Default b....
The right to default bail under Section 167(2) of the CrPC is an indefeasible right and not a statutory right. It is a part of the procedure established by law under Article 21 of the Constitution.
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.
Article 21 demands a fair and reasonable procedure before curbing liberty of a person.
Default bail – Any direction to extend period for filing of charge-sheet encroaches upon personal liberty of an individual arrested in connection with a cognizable offence and any such direction must....
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....
Default bail – While considering application by Investigating Agency for extension of time for completing investigation beyond period prescribed under Section 167(2) of Cr.P.C. accused is to be given....
The right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
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