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High Court

Bombay High Court Resolves Conflict on Applicability of Section 167(2)(a)(i) vs (ii) CrPC for Default Bail in Offences Punishable with Life Imprisonment. The court held that life imprisonment is a term of not less than ten years, thus the 90-day period under clause (ii) applies.

7 Jul 2006

The case arose from a reference made by a learned Single Judge of the Bombay High Court while hearing a bail application filed by two accused persons,...

High Court

Bombay High Court Grants Default Bail to Accused in MPID Act Case Due to Non-Filing of Charge-Sheet Within 60 Days and Lack of Speaking Order for Remand Extension. The court held that the mere remark 'seen' on an application under Section 316(5) BNS does not satisfy the requirement of a reasoned order under Section 187(3) BNSS, entitling the accused to default bail.

7 Oct 2025

The petitioners, Ranganth Tulshiram Galande and Anil Zumbarrao Darekar, were arrested on 07.07.2025 in connection with Crime No. 673 of 2025 registere...

Supreme Court

Supreme Court Allows Default Bail Under Section 167(2) CrPC Despite COVID-19 Pandemic — Order Dated 23.03.2020 Does Not Extend Period for Filing Charge Sheet. The right to default bail is indefeasible and cannot be frustrated by the prosecution's failure to file charge sheet within the statutory period.

16 Jun 2020

The appellant, S. Kasi, was arrested on 21.02.2020 in Crime No.495 of 2015 under Sections 457, 380, 457(2), 380(2), 411(2), and 414(2) IPC. He was lod...

Supreme Court

Supreme Court Allows Default Bail in CBI Cyber Fraud Case Due to Non-Completion of Investigation Within 60 Days Under Section 187(2) BNSS. Appellant Granted Default Bail as Investigation Not Concluded Within Statutory Period of 60 Days from First Remand.

1 Jan 2026

The Supreme Court allowed the appeal of Shaurya Sunil Kumar Singh against the dismissal of his default bail plea by the Bombay High Court. The appella...

High Court

Bombay High Court Allows Bail Under Section 437(6) CrPC for Trial Delay Beyond 60 Days — Accused Entitled to Default Bail Despite Seriousness of Offence. The court held that Section 437(6) CrPC is mandatory and confers a right to bail if trial is not concluded within 60 days from first date of evidence, and the accused is not responsible for the delay.

19 Jul 2022

The applicant, Snehdip S/o Shriram Soni, was arraigned as accused No.1 in a crime registered for offences under Sections 420, 465, 467, 468, 471 read ...

High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. Petitioner Entitled to Default Bail Under Section 167(2) CrPC as Charge Sheet Filed After Expiry of 60 Days from First Remand.

4 Mar 2025

The petitioner, Moulali, was arrested on 01.12.2024 in connection with offences punishable under Sections 376(2)(n), 506 of IPC and Sections 4, 6, 8, ...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS and Customs Act Case — Petitioner Released on Bail with Conditions. Court Held That Petitioner Not Required for Custodial Interrogation and Recovery of Contraband Already Made.

26 Sep 2018

The petitioner, Kelsi Katte Mahammed Shakir, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in conn...

High Court

Bombay High Court Dismisses Bail Application in NDPS Case Involving 1.100 kg Charas — Section 50 Compliance Not Required When Accused Declines Search Before Magistrate/Gazetted Officer. Accused not entitled to default bail under Section 167(2) Cr.P.C. as charge-sheet filed within 180 days for commercial quantity.

12 Aug 2011

The applicant, Fakir Ahmed Mohd. Shaikh, was arrested and allegedly found in possession of 1.100 kg of charas, a commercial quantity under the NDPS Ac...

High Court

Bombay High Court Allows Default Bail to Accused in MPID Act Case Due to Chargesheet Not Taken Cognizance Within 90 Days. The right to default bail under Section 167(2) CrPC accrues when the chargesheet is not taken cognizance within the prescribed period, even if physically filed earlier.

23 Feb 2021

The applicant, Wasudeo Shrawan Kamble, was arrested on 13 July 2020 in connection with Crime No. 427/2020 registered at Police Station Ballarshah, Dis...

High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. The right to default bail under Section 167(2) CrPC is an indefeasible right that accrues when the investigation is not completed within the prescribed period, and the accused is entitled to be released on bail if the charge sheet is not filed within that period.

4 Mar 2025

The petitioner, Moulali S/o Babajan Challal, was arrested in connection with offences punishable under Sections 376(2)(n), 506 of the Indian Penal Cod...

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