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Search Results for "Default bail"

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High Court

Bombay High Court Allows Writ Petition for Release of Under-Trial Prisoner on Bail in Murder Case — Right to Speedy Trial and Personal Liberty Under Article 21 of the Constitution of India. Petitioner Acquitted in One Case and Granted Bail in Another, but Continued Detention in Third Case for Over Two Years Without Trial Violates Fundamental Rights.

2 Aug 2011

The petitioner, Damji Tingsa Pada, was apprehended by Gadchiroli Police on 5th August 2009 and shown arrested in three cases. During his detention, he...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Failure to Consider Retraction of Statement and Delay of Over 11 Months in Passing Order Vitiate Subjective Satisfaction Under Section 3(1)(i) of COFEPOSA Act, 1976.

5 May 2017

The petitioner, Gaurav Kanak Jain, challenged a detention order dated 21st November 2016 passed under Section 3(1)(i) of the Conservation of Foreign E...

High Court

Bombay High Court Dismisses Petition Seeking Inclusion of Remand Date in Computing 90-Day Period for Statutory Bail Under Section 167(2) Cr.P.C. — Date of Remand Must Be Excluded as Per Ravi Prakash Singh.

26 Apr 2017

The petitioner, Sheikh Nasir Sheikh Rahman, filed a criminal writ petition before the Bombay High Court, Nagpur Bench, challenging the computation of ...

High Court

High Court of Madras Dismisses Cancellation of Statutory Bail in Dowry Death Case. Accused Husband’s Indefeasible Right to Bail Accrued Upon Expiry of 90 Days Before Filing of Final Report.

21 Jul 2026

The petitioner, the de-facto complainant in a dowry death case, sought cancellation of statutory bail granted to the first respondent (husband of the ...

Supreme Court

Supreme Court Allows Default Bail Without Deposit Condition in Section 420 IPC Case. Indefeasible Right Under Section 167(2) CrPC Cannot Be Subject to Monetary Conditions Based on Earlier Regular Bail Undertaking.

1 Sep 2020

The appellant was arrested on 31.01.2020 for offences under Section 420 IPC in Crime No.31 of 2019. He was initially granted regular bail by the Magis...

Supreme Court

Supreme Court Allows Default Bail to Accused in Corruption Case Due to Expiry of 60-Day Detention Without Charge Sheet. Interpretation of 'Imprisonment for a Term Not Less Than Ten Years' Under Section 167(2) of the Code of Criminal Procedure, 1973, Clarified; Bail Right Accrues on Expiry of Maximum Detention Period, Not Defeated by Later Filing of Charge Sheet.

1 Aug 2026

The Supreme Court addressed the right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973, in a case arising from a corruptio...

Supreme Court

Supreme Court Grants Bail to Appellant in Crypto Currency Economic Offence Case — Explains Scope of Section 437(6) CrPC. Right to bail under Section 437(6) is not indefeasible; Magistrate retains discretion to refuse bail by recording reasons, but application must be considered liberally where delay is not attributable to accused.

24 Feb 2025

The Supreme Court allowed an appeal against the denial of regular bail by the Chhattisgarh High Court in a case involving a crypto currency economic o...

High Court

Bombay High Court Dismisses Bail Application Under Section 437(6) Cr.P.C. for Non-Completion of Trial Within 60 Days — Discretionary Power Not Mandatory. The word 'shall' in Section 437(6) Cr.P.C. is not mandatory; bail is not a default right and court must consider other circumstances under Section 437 Cr.P.C.

23 Sep 2024

The applicant, Latabai wd/o Bhimsing Jadhav, filed a bail application under Section 437(6) of the Code of Criminal Procedure, 1973, seeking release in...

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 once the statutory period expires without trial conclusion and accused not at fault, bail must be granted.

19 Jul 2022

The applicant, Snehdip S/o Shriram Soni, was arraigned as accused No.1 in a crime registered at Gadchiroli Police Station for offences under Sections ...

High Court

Bombay High Court Dismisses Bail Application in Dacoity and Arms Act Case; Right to Default Bail Under Section 167(2) CrPC Extinguished by Filing of Charge-Sheet, and Parity Claim Rejected Due to Criminal History and Active Role of Accused. The court held that the right to be released on default bail must be exercised before the charge-sheet is filed, and even a magistrate's failure to inform the accused does not revive the right.

6 Jul 2005

The applicant, Sajid Basir Shaikh, filed a bail application under Section 439 of the Criminal Procedure Code, 1973 before the Bombay High Court. He wa...

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