Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Nalin Kumar Srivastava
Vishu – Appellant
Versus
State Of U.P. Though It Principal Secretary – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and remand details. (Para 1 , 2 , 3) |
| 2. arguments for and against statutory bail. (Para 4 , 5 , 6 , 8) |
| 3. analysis of statutory bail rights related to charge-sheet. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. legal precedent on default bail rights. (Para 15 , 16 , 17) |
| 5. dismissal of appeal as lacking merit. (Para 18) |
JUDGMENT :
Nalin Kumar Srivastava,J.
1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
2. This criminal appeal under Section 14-A (2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act hereinafter referred as the SC/ST Act has been preferred by the appellant- Vishu against the order dated 08.10.2024 passed by the learned Additional District & Sessions Judge/Special Judge, SC/ST Act, Muzaffarnagar whereby the application under Section 167 (2) (a) (i) Cr.P.C. moved by the accused/appellant was rejected.
3. The matter as brought before this Court, is that in a case under section 302 IPC which provides the punishment for imprisonment for life or death sentence alongwith fine, the first remand of the accused was granted on 22.05.2024 which was extended fr
Filing of a charge-sheet within the statutory period extinguishes the right to default bail, as established under Section 167(2) of the Code of Criminal Procedure.
(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....
(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 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....
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.
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....
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....
(1) Default bail – An incomplete charge-sheet filed without completing investigation cannot be used to defeat right of statutory bail under Section 167(2) of Cr.P.C.(2) Default bail – Investigative a....
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
