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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, RAMESH KUMARI
Avtar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
GURVINDER SINGH GILL, J.
CRM-48051-2025:
1. The application i.e. CRM-48051-2025 has been filed on behalf of the applicant – Avtar Singh under Section 21 (5) of the National Investigation Agency Act, 2008 read with Section 528 BNSS for condonation of delay of 1415 days in filing the appeal i.e. CRA-D-260-2022. The applicant, in the annexed appeal, assails order dated 11.04.2019 passed by the Learned Additional Sessions Judge/Exclusive Court, Amritsar, vide which his revision petition against order dated 25.02.2019 passed by the SDJM, Ajnala, seeking default bail in terms of Section 167 (2) Cr.P.C. (now Section 187 ) in a case arising out of FIR No.121 dated 18.11.2018 registered at Police Station Raja Sansi, Amritsar, under Sections 302 , 307, 452, 341, 427, 34 IPC ; Section 25 of the Arms Act; Sections 3 , 4, 5, 6 of the Explosive Act and Sections 13 , 16, 18, 18-B of the Unlawful Activities (Prevention) Act, 1967, has been dismissed.
2. Learned counsel for the applicant, while pressing upon the aforesaid application for condonation of delay of 1415 days, submitted that as a matter of fact the applicant – Avtar Singh alongwith co-accused Bikramjit Singh had applied jointly
An accused has an indefeasible right to default bail under Section 167(2) Cr.P.C. if no chargesheet is filed within the statutory period, and rights must be equally upheld among co-accused.
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.
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.
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 main legal point established in the judgment is that the right to default bail under section 167 of the CrPC is enforceable only prior to the filing of the charge-sheet and does not survive or re....
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.
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