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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Ajay Singh – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. introduction of the case and key facts. (Para 1 , 2) |
| 2. arguments for and against the default bail. (Para 4 , 5 , 6) |
| 3. court's examination of bail rights and procedural issues. (Para 7 , 8 , 10 , 11) |
| 4. key judgments on default bail rights. (Para 12 , 13 , 14) |
| 5. final decision allowing default bail. (Para 19 , 20 , 21 , 22) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.P.C.’) is at the behest of the petitioner assailing correctness, legality and judicial propriety of the impugned order as at Annexure-1 dated 18th June, 2022 passed in connection with C.T. Case No.23 of 2021 by the learned Additional Sessions Judge-cum-Special Judge at Balliguda corresponding to Tumudibandha P.S. Case No.24 of 2021, whereby, an application seeking default bail in terms of Section 167(2) Cr.P.C. read with Section 36A(4) of the N.D.P.S. Act was disposed of and declined.
2. The facts pleaded on record revealed that on 9th April, 2021, on a written report received, Tumudibandha P.S. Case No.24 of 2021 was registered under Section 20 (b)(ii)(C) of the NDPS Act, whereafte
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.
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 seek default bail under Section 167(2) Cr.P.C. is a fundamental right and not merely a statutory right, which flows from Article 21 of the Constitution of India. The duty of the concerne....
(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 ....
The right to default bail is an indefeasible right linked to Article 21 of the Constitution and is subject to the law and procedure laid down by the Legislature.
The right to default bail is indefeasible if the prosecution fails to file a chargesheet or extension application within the statutory period, and oral submissions during bail hearings suffice for cl....
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.
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