AJIT BORTHAKUR
Nur Alam @ Md. Noor Alom – Appellant
Versus
State of Assam – Respondent
ORDER :
1. Heard Mr. A. Islam, learned counsel appearing for the accused petitioner. Also heard Mr. B.B. Gogoi, learned Addl. P.P. appearing for the State respondent and Mr. B.K. Mahajan, learned counsel appearing for the informant.
2. By this petition under Section 439 of the Code of Criminal Procedure (‘Cr.P.C.’ for short), the accused-petitioner, namely Nur Alam @ Md. Noor Alom has prayed for grant of bail in connection with Bhangagarh P.S. Case No. 607/2021 under Sections 120B/302/34 of the Indian Penal Code (‘IPC’ for short).
3. The scanned copy of the case record along with the case diary, as called for, is placed before the Court. Perused.
4. Mr. A. Islam, learned counsel appearing for the accused petitioner, submitted that the investigating officer has submitted a part charge-sheet in the case declaring one of the accused Amir Khan as absconder stating that the investigation would continue till he is apprehended and after completion of further investigation, an additional police report/charge-sheet would be submitted under Section 173(8) of the Cr.P.C. Mr. Islam further submitted that as the charge-sheet has already been submitted against the accused petitioner within the statu
Dinesh Dalmia vs. C.B.I. (2007) 8 SCC 770
State of Maharashtra vs. Sharadchandra Vinayak Dongre and Others
Bail/Default bail – Statutory period of detention shall be reckoned from date of accused’s remand in first instance.
The main legal principle established is that the accused is entitled to default bail if the investigation is not completed within the mandated period, as per the legislative intent of section 167(2) ....
(1) Default bail – Period of 90 days is stated to be counted when investigation for fresh offence(s) is started and not from date of lodging of FIR.(2) Default bail – Right to seek default/statutory ....
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 – Once challan has been filed, question of grant of bail has to be considered and decided only with reference to merits of case under provisions relating to grant of bail to accused ....
Once chargesheet has been filed within the stipulated time, the question of grant of statutory bail or default does not arise.
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