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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Gurmeet Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petition for regular bail post statutory custody. (Para 1 , 2 , 3) |
| 2. legal competence of courts regarding default bail. (Para 4) |
| 3. judicial precedents on default bail rights. (Para 5 , 6) |
| 4. interpretation of personal liberty and detention limits. (Para 7 , 8) |
| 5. indefeasible right to 'default bail' under statutory conditions. (Para 9 , 10) |
| 6. wrongful denial of default bail undermines fundamental rights. (Para 11 , 12) |
| 7. limits of custody without police report post statutory period. (Para 13 , 14 , 15 , 16) |
| 8. authority to grant default bail despite pending applications. (Para 17 , 18) |
| 9. conclusion of the petition with ordered dispositions. (Para 19) |
JUDGMENT :
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
|---|---|---|---|
| 143 | 25.07.2018 | Ajnala, District Amritsar, Punjab | 326/148/149 IPC |
1. The petitioner, incarcerated in the offence captioned above, had come up before this court seeking regular bail by filing the present petition on 09th April 2025.
2. When the matter was taken up for the first time on the 9th of May 2025, the High Court Bar was abstaining, and the case was not taken up. After that, the matter was adjourned because the State had not filed the reply and subsequently a
The court affirmed that both Magistrates and Sessions Courts possess the authority to grant default bail, even in the pendency of regular bail petitions.
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.
(1) Inordinate delay in placing order of sanction before Special Court cannot be a ground to pray for statutory/default bail under provisions of Section 167(2) of Cr.P.C.(2) Default bail – Right to b....
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....
Point of Law : Applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the cour....
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