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NELSON SAILO
Kumar Rajesh – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. B K Mahajan, learned counsel for the petitioner and Ms. Mary L Khiangte, learned Addl. Public Prosecutor, Mizoram through Video Conferencing.
2. On 30.10.2024, Court passed the following order:
The learned counsel submits that charge-sheet has already been filed by the Investigating Agency and the petitioner had also moved Bail Application No. 895/2024 on 01.08.2024 and as well as on 06.08.2024 under the same registration number. However, the outcome of the bail application is not known to the petitioner. Nevertheless, the petitioner in view of the settled law is not debarred from filing the instant bail application.
In view of above, issue notice of motion returnable by 07.11.2024. Ms. Mary L
The court denied bail due to the timely filing of the charge-sheet and the petitioner's non-cooperation in the investigation, emphasizing that default bail rights arise only after the statutory perio....
The court established that an interim order preventing the filing of a charge-sheet negates claims for default bail under Section 167(2) Cr.P.C.
Criminal proceedings are not meant for recovery of disputed dues; the presumption of innocence underlies the decision to grant bail when no risk of flight or witness tampering is established.
Bail should not be withheld as a pre-trial punishment – Criminal Court, exercising jurisdiction to grant of bail or anticipatory bail is not expected to act as a recovery agent to realize dues of com....
The main legal point established in the judgment is that the right to default bail under section 167 of the CrPC is enforceable only prior to the filing of the charge-sheet and does not survive or re....
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
A bail application should be evaluated based on the merits of the case rather than solely on the accused's prior criminal record.
The requirement for the accused to seek default bail before the court and the gravity of the offence affecting national security influenced the court's decision.
An accused in custody is entitled to default bail if the charge sheet is not filed within the specified time under Section 167 (2) of the Code of Criminal Procedure.
Right to default bail under Section 167 of the CrPC only arises prior to filing of a charge-sheet; it is not applicable once a charge-sheet has been submitted, even if further investigations are ongo....
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