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Search Results for "Default bail"

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High Court

Bombay High Court Allows Quashing of Magistrate's Order Rejecting Bail in RCC No.2/2013 — Right to Furnish Bail Does Not Forfeit Upon Filing of Charge Sheet. The court held that the accused's right to be released on bail continues even after charge sheet is filed, and the Magistrate must consider the bail application on its merits under Section 437 CrPC.

5 Mar 2013

The applicant, Smt. Padmabai Dattatraya Bhojne, filed a Criminal Application under Section 482 CrPC before the Bombay High Court, Bench at Aurangabad,...

High Court

High Court of Karnataka Grants Bail to Accused No.2 in Cyber Crime Case Involving Cheating and Outraging Modesty of Woman. Petitioner enlarged on bail under Section 483 BNSS for offences under Sections 318(4), 319(2) BNS and 66(D) IT Act, subject to conditions.

11 Mar 2025

The petitioner, Avinash, accused No.2 in Crime No.794/2024 registered by South East CEN Crime Police Station, Bengaluru City, filed a criminal petitio...

High Court

Bombay High Court Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence.

28 Aug 2020

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 ...

High Court

Bombay High Court Grants Default Bail to Accused in MCOC Case for Failure to File Charge Sheet Within 90 Days. Right to Default Bail Under Section 167(2) CrPC is Indefeasible and Cannot Be Defeated by Subsequent Filing of Charge Sheet.

5 May 2016

The petitioners were arrested in connection with Crime No.172/2015 registered at Police Station Ajni, Nagpur for offences under Sections 307, 143, 144...

High Court

Karnataka High Court Grants Bail to Accused in POCSO and SC/ST Act Cases Due to Inconsistent Statements of Victim and Lack of Prima Facie Case. The court found that the victim's contradictory statements under Sections 161 and 164 CrPC regarding age and assault undermined the prosecution's case, leading to bail under Section 439 CrPC.

26 Nov 2020

The petitioner, Hanumantha Mogaveera, filed two criminal petitions under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No...

High Court

Bombay High Court Grants Bail to Accused in MPSC Scam Case on Parity with Co-Accused. Personal Secretary to Minister Entitled to Bail as Co-Accused with Similar Role Already Released by Supreme Court and High Court.

30 Jun 2005

The applicant, Avinash Tukaram Sanas, was accused No.7 in the MPSC Scam case, holding the post of a Class I Officer and Personal Secretary to a Minist...

High Court

High Court of Karnataka Directs Release of Petitioner in Multiple Cheque Dishonour Cases on Ground of Default Bail Under Section 167(2) Cr.P.C. — Petitioner Entitled to Default Bail as Investigation Not Completed Within 60 Days of Remand.

10 Mar 2021

The petitioner, Smt. C. Bharathi, was arrested in multiple cases under Section 138 of the Negotiable Instruments Act, 1881, for cheque dishonour. She ...

Supreme Court

Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

13 Mar 2020

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

Supreme Court

Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

27 Mar 2023

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Act Case Due to Prolonged Incarceration and Right to Speedy Trial. The court held that prolonged incarceration without trial violates Article 21 of the Constitution, justifying bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, despite strict bail conditions.

28 Mar 2023

The dispute involved an appellant accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail after prolonged incarceration. ...

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