Showkat Ahmad Sofi – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Vinod Chatterji Koul, J.
(through video conference)
1. The Appeals on hand are directed against the composite Order dated 25th May 2019, passed by the court of Special Judge designated under NIA Act, Srinagar, (for short “Trial Court”), rejecting bail applications of appellants, on the grounds made mention of therein.
2. Heard and considered.
3. Appellants have been arrested in connection with case FIR No.85/2018 under Section 120-B RPC, 17, 18, 38, 39 and 40 ULA(P) Act registered in police station Panthachowk, Srinagar. They preferred applications before the Trial Court for grant of bail. The Trial Court by order impugned dismissed the applications.
4. According to learned counsels for appellants, impugned order is bad in law as right to personal liberty is a cherished right of every citizen as provided under Article 21 of the Constitution. It is contended that appellants have been falsely implicated in abovementioned FIR as they have never been involved in any criminal activity. They also state that there are great contradictions in the police story as one fails to understand as to what role has been played by appellants in the alleged activities. The investigating agency is
Criminal Conspiracy - Benefit of default bail - Expiry of period of 90 or 60 days, as case may be, an indefeasible right accrues in favour of accused for being released on bail on account of default ....
Point of Law : Request of an IO for extension of time is not a substitute for the report of the public prosecutor but since we find that there has been, as per the comparison of the two documents, an....
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.
The right to default bail under Section 167(2) Cr.P.C. is extinguished once a charge-sheet is filed; extensions beyond 90 days must follow proper procedures and be conducted by appropriate judicial a....
The main legal point established in the judgment is the necessity of fulfilling specific conditions, including the report of the Public Prosecutor, progress of the investigation, and issuing a prior ....
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.