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Checking relevance for Judgebir Singh @ Jasbir Singh Samra @ Jasbir VS National Investigation Agency...
Judgebir Singh @ Jasbir Singh Samra @ Jasbir VS National Investigation Agency - 2023 3 Supreme 323 : Under Section 167(2) of the Code of Criminal Procedure, 1973, the maximum period for completing investigation and filing a charge-sheet is 60 days for offences punishable with imprisonment for less than 10 years, and 90 days for offences punishable with death, imprisonment for life, or imprisonment for a term of not less than 10 years. This period is extended to 180 days for offences under the Unlawful Activities (Prevention) Act, 1967 (UAPA), as per Section 43D of UAPA. Filing of the charge-sheet within these prescribed time periods constitutes compliance with Section 167(2) of CrPC, and once filed, the accused cannot claim default bail under Section 167(2) even if cognizance has not been taken.Checking relevance for Central Bureau of Investigation VS Kapil Wadhawan...
Central Bureau of Investigation VS Kapil Wadhawan - 2024 2 Supreme 51 : Under Section 167(2) of the CrPC, the investigation for offences punishable with less than 10 years'''' imprisonment must be completed within 60 days, and for offences punishable with death, imprisonment for life, or imprisonment for a term of not less than 10 years, within 90 days. If the charge-sheet is not filed within these periods, the accused acquires an indefeasible right to be released on bail. Once the charge-sheet is filed within the stipulated time, the right to default bail under Section 167(2) ceases.Checking relevance for Serious Fraud Investigation Office VS Rahul Modi...
Serious Fraud Investigation Office VS Rahul Modi - 2022 2 Supreme 606 : Under Section 167(2) of the Criminal Procedure Code, 1973, the statutory period for filing a charge-sheet is 60 days in cases where the investigation is conducted under the Companies Act, 2013, and 90 days in other cases. The indefeasible right to statutory bail arises only if the charge-sheet is not filed within this statutory period. Filing of the charge-sheet is sufficient compliance with Section 167, Cr.P.C., and an accused cannot demand release on default bail on the ground that cognizance has not been taken before the expiry of 60 or 90 days, as applicable.Checking relevance for Rakesh Kumar Paul VS State of Assam...
Rakesh Kumar Paul VS State of Assam - 2018 3 Supreme 407 : Under Section 167(2) of the Code of Criminal Procedure, 1973, the maximum period for which an accused can be detained during investigation without filing a charge sheet is 60 days in cases where the offence is not punishable with imprisonment for a minimum of ten years. However, if the offence is punishable with imprisonment for not less than ten years, the maximum period of detention is extended to 90 days. This distinction is based on clause (i) and clause (ii) of proviso (a) to Section 167(2).Checking relevance for S. KASI VS STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT...
S. KASI VS STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT - 2020 4 Supreme 90 : Under Section 167(2) of the Code of Criminal Procedure, 1973, the prosecution is required to file the charge-sheet within 60 days or 90 days, as applicable, from the date of arrest. If the charge-sheet is not filed within this prescribed period, the accused cannot be detained by the police and is entitled to default bail. This provision gives due regard to the personal liberty of the accused and is in consonance with constitutional mandates under Article 22(2) of the Constitution.
