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RAHUL BHARTI
Gopal Krishan – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
Rahul Bharti, J.
1. Statutory/default bail under spell of Section 167 (2) of the Code of Criminal Procedure Code, 1973 to an accused is a right elevated to a status of constitutional character. Grant of statutory/default bail is not discretion bound of a court of a magistrate or of a sessions judge. Statutory/default bail entitlement, if accruing in favour of and applied for being availed, is not to be denied by any disguise or declined under any guise. A pseudo police report under section 173 Cr.P.C. even if filed within time frame of Section 167 Cr.P.C. cannot be given legal sanctity to betray the statutory/default bail right of an accused in a case. This right, upon getting accrued, is given straight away on asking of the entitled accused notwithstanding the purported gravity of the accusation of offence/s against the accused under pre-trial custody. It is, thus, neither a concession nor a charity to an accused and as such cannot be seen as such by a magistrate or session judge so as to find some excuse to deny it getting availed by an accused.
2. After having failed to earn statutory/default bail under the aegis of Section 167(2) Cr.P.C. 1973, from the Court of learned
The entitlement of the accused to statutory/default bail under Section 167(2) of Cr.P.C. 1973 and the importance of the police report/challan in activating the default bail right.
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) ....
The court affirmed that both Magistrates and Sessions Courts possess the authority to grant default bail, even in the pendency of regular bail petitions.
(1) Inordinate delay in placing order of sanction before Special Court cannot be a ground to pray for statutory/default bail under provisions of Section 167(2) of Cr.P.C.(2) Default bail – Right to b....
The right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that cannot be extinguished by the mere filing of an incomplete chargesheet.
The right to default bail under Section 167(2) Cr.P.C. is extinguished upon the filing of a charge sheet if the accused has not furnished the required sureties within the stipulated time.
The main legal point established is that the accused has an indefeasible right to default bail under Section 167(2) Cr.P.C. and the NDPS Act, and this right should not be denied due to delays or the ....
The main legal point established is that the accused has an indefeasible right to default bail under Section 167(2) Cr.P.C., and the court must take prompt action to enforce this right, restricting t....
(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 ....
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