Back
KULDEEP MATHUR
Moti Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - The present misc. bail application under Section 439 Cr.P.C. has been filed in connection with FIR No.102/2022 registered at P.S. Nawa Shahar, District Nagaur for offences punishable under Section 147, 148, 149, 341, 427, 302, 120B IPC and 3/25 Arms Act.
2. The complainant lodged an FIR No.102/2022 at P.S. Nawa Shahar, District Nagaur for offences under Section 147, 148, 149, 341, 427, 302, 120 B IPC and 3/25 Arms Act. As per the F.I.R., on 14.05.2022, the complainant's husband, Jaipal Poonia (deceased) informed her that he will be going to court at 12:30 P.M. to attend court proceedings. The complainant around 03:15 P.M., received a phone call from Rajendra Kumar's (brother of the deceased) mobile phone upon which the deceased on the phone, stated inter alia that around 02:00-02:15 P.M., while he was returning from the court after attending the proceedings, a Bolero car suddenly stopped in front of his car, from which, two masked men along with Moolchand Saini and Guda Salt Sarpanch, Virendra Saini stepped out. They told Jaipal (deceased) that they have come to teach him a lesson as he had picked enmity with Moti Singh and MLA Mahendra Choudhary. Whereu
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.
Default bail under Section 167(2) Cr.P.C. is forfeited once a charge sheet is filed, and the right to default bail does not survive after such filing.
The court established that a valid report from the Public Prosecutor is essential for extending the time to file a charge-sheet, and failure to comply with procedural requirements negates the right t....
An accused's right to default bail under Section 167(2) Cr.P.C. is extinguished if the application is not filed before the completion of the charge-sheet process.
The court confirms that an accused is entitled to default bail if a charge sheet is not filed within 60 days, regardless of subsequent charges.
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....
(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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
