Back
A. GUNESHWAR SHARMA
Mangneikam Haokip – Appellant
Versus
Officer-in-Charge, Chassad Police Station, P. O. & P. S. Kamjong – Respondent
ORDER :
A. Guneshwar Sharma, J.
1. Heard Mr. Tungrei Ngakang, learned counsel for the petitioner and Mr. RK. Umakanta, learned PP for the State respondent.
2. The petitioner has filed Bail Application being BA No. 9 of 2023 under Section 439 CrPC in connection with FIR No. 02(01)2022 Chassad PS u/s 18(b) ND&PS Act and BA No.10 of 2023 in connection with FIR No. 02(02)2013 Chassad PS u/s 18/46 ND&PS Act. Earlier, one single Bail Application being BA No. 9 of 2023 was filed for both FIRs. Later on, BA No.10 of 2023 was also filed for FIR No. 02(02)2023 and BA No. 9 of 2023 was treated in connection with FIR No. 02(01)2022.
3. Brief fact of the case in FIR No. 02(01)2022 is that on 19.01.2022, a combined team of Kamjong District Police, NAB, 6 MR and Forest Department Kamjong carried out destruction of illicit poppy cultivation at Lanchah Village hill range of Kamjong under the jurisdiction of Chassad Police Station. About 26 acres of poppy cultivated areas were destroyed and accordingly FIR No. 02(01)2022 CSD PS u/s 18(b) ND&PS Act was registered. As the petitioner was Village Chief for the area under poppy cultivation, a notice was issued to him for appearance. The petitioner approached
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.
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 an indefeasible right that cannot be extinguished by the mere filing of an incomplete chargesheet.
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.
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....
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
