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K.SURENDER
Karengula Srinivas – Appellant
Versus
State of Telangana through Bhadrachalam Town Police Station, rep. by Public Prosecutor – Respondent
ORDER :
This criminal petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking enlargement of the petitioner/Accused No.3 in Crime No.375 of 2021 on the file of the Station House Officer, Bhadrachalam Town Police Station, Bhadradri Kothagudem, registered for the offence punishable under Section 8(c) r/w Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
2. Heard Sri J.P.Srikanth, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.
3. The facts of the case are that the petitioner is Accused No.3 in Crime No.375 of 2021 on the file of the Station House Officer, Bhadrachalam Town Police Station, Bhadradri Kothagudem, registered for the offence punishable under Section 8(c) r/w Section 20(b) of the NDPS Act. The case of the prosecution is that on 11.09.2021, the Bhadrachalam Town Police, while conducting search at the forest check post, stopped the car in which A1 to A3 were traveling and found 48 kgs of dry Ganja in the said car. A1 and A2 allegedly confessed that the same was purchased from A4 and A5 on the i
Point of Law : Bail - Right of statutory bail under Section 167(2)Cr.P.C. is an indefeasible right.
An accused is entitled to default bail under Section 167(2) of Cr.P.C. if charge sheet is not filed within 180 days as contemplated under Section 36-A(4) of the NDPS Act.
The failure of the prosecution to file a charge sheet within the stipulated time under Section 36(A) of the NDPS Act and Section 167(2) of the Cr.P.C. entitles the accused to default bail.
The right to bail is an indefeasible right of the accused and cannot be suspended even during a pandemic situation.
Where charge-sheet is not filed within 180 days as contemplated under Section 36-A(4) of NDPS Act and even within extended time, indefeasible right accrues to petitioners to seek bail under Section 1....
The right to default bail under Section 167(2) of the Cr.P.C. is an indefeasible right that cannot be suspended, even during a pandemic, and takes precedence over the State's right to carry out an in....
The accused's right to default bail under Section 167(2) Cr.P.C. remains enforceable, and the court must promptly decide on bail applications to prevent the prosecution from circumventing this right.
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the prosecutor's obligations in seeking extension of time under S....
The main legal point established is that the accused has an indefeasible right to default bail under Section 167(2) Cr.P.C., and the court must take prompt action to enforce this right, restricting t....
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