Back
SANJAY KUMAR DWIVEDI
Bajrang Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard the learned counsel for the petitioner and Mr. Jai Prakash, the learned A.A.G. appearing on behalf of the respondent State.
2. This petition has been filed under section 482 of the Cr.P.C. read with Article 215 of the Constitution of India for modification of the order dated 17.07.2003 passed in W.P.(Cr.) No.314 of 2023.
3. The office has raised objection with regard to maintainability of the present case. By the order dated 17.07.2023 this Court has rejected the prayer of the petitioner relying on the minority view in Uday Mohanlal Acharya v. State of Maharashtra, (2001) 5 SCC 453. On that day, neither the learned counsel for the petitioner nor the learned counsel for the respondent State were correctly apprised the Court on the law point already settled by the Larger Bench of the Hon’ble Supreme Court in view of that the said order has been passed relying on the minority view as on prima facie it appears that this order was passed on the human error by this Bench. Further the prayer was made for default bail in light of section 167(2) of the Cr.P.C. Recently the Hon’ble Supreme Court in the case of State, through C.B.I. v. T. Gangi Reddy @ Ye
Point of law : The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filin....
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 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....
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....
Application u/s 167(2) Cr.P.C. must be disposed of promptly and such application should not be treated as a regular bail application.
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
