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SANJAY KUMAR DWIVEDI
Bajrang Mandal @ Bajrang Kumar Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Onkar Nath Tewari, learned counsel appearing for the petitioner and Mr. Jai Prakash, learned A.A.G.-IA for the State.
2. This petition has been filed for setting aside the order dated 22.03.2023, in connection with Jarmundi P.S. Case No. 13 of 2020 corresponding to G.R. No. 190 of 2023, passed by the learned Judicial Magistrate, 1st Class, Dumka, whereby, he has been pleased to cancel the default bail, granted to the petitioner on 21.03.2023, pending in the court of learned Judicial Magistrate, 1st Class, Dumka.
3. Mr. Onkar Nath Tewari, learned counsel appearing for the petitioner submits that although the petitioner is facing the charge under Sections 302, 376 and 34 of the Indian Penal Code, however, the petitioner on his own surrendered before the learned court on 23.11.2022. He submits that within the prescribed period of 90 days, the chargesheet was not submitted, in view of that the petitioner has filed a petition under Section 167(2)(a)(i) of the Cr.P.C. on 21.03.2023 for grant of default bail. He further submits that on that day, the learned court has been pleased to grant the default bail by order dated 21.03.2023 with the condition that the bail bond sh
The central legal point established in the judgment is that once an accused files an application for bail under Section 167(2) of the Cr.P.C., they are deemed to have 'availed of' or enforced their r....
The right to default bail under Section 167(2) of the Cr.P.C. is triggered by the filing of a bail application after the expiration of the statutory period for filing a charge sheet, and this right c....
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, but it is contingent upon the bail application being....
(1) Default bail – Courts have power to cancel bail and to examine merits of case in a case where accused is released on default bail and released not on merits earlier.(2) Deeming fiction under Sect....
The right to default bail is an indefeasible right available only until a charge sheet is filed. Once a charge sheet is submitted within the statutory period, the right to default bail is extinguishe....
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