Back
AUGUSTINE GEORGE MASIH, VIKRAM AGGARWAL
Sikander Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. factual background of the case and charges. (Para 1 , 2 , 3) |
| 2. court's observations on procedural adherence. (Para 4 , 8 , 11) |
| 3. arguments regarding default bail entitlement. (Para 5 , 6) |
| 4. interpretation of the right to default bail. (Para 7 , 9 , 10 , 12 , 15) |
| 5. final dismissal of the appeal. (Para 16) |
JUDGMENT :
Vikram Aggarwal, J.
The present appeal (originally filed as a Criminal Revision and subsequently treated as a Criminal Appeal vide order dated 23.02.2022) assails the order dated 28.04.2021 passed by the Additional Sessions Judge (Special Judge), Amritsar vide which the application filed by the appellant under Section 167(2) Cr.P.C. for the grant of default bail was rejected.
2. A secret information was received that the present appellant alongwith Amritpal Singh Bhullar, Gursewak Singh, Manoj Thakur etc. had formed a dangerous gang. These persons were involved in several cases of murder, robbery, extortion, attempt to murder etc. As per the information, these persons had several snatched/stolen cars in their possession and they were carrying a huge cache of deadly arms and ammunitions. The appellant Sikander Singh as also the other persons were wanted in
An accused's right to default bail under Section 167(2) Cr.P.C. is extinguished if the application is not filed before the completion of the charge-sheet process.
Default bail under Section 167(2) CrPC is only available before the filing of a chargesheet; once filed, the right to default bail ceases.
The main legal point established in the judgment is that the right to default bail is circumscribed by the prosecution's right to seek an extension of time for filing the charge sheet before the expi....
The right to default bail is part of the procedure established by law under Article 21 of the Constitution of India, and the completeness of the charge-sheet, allowing for cognizance and framing of c....
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 court established that a valid report from the Public Prosecutor is essential for extending the time to file a charge-sheet, and failure to comply with procedural requirements negates the right t....
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.
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
