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Search Results for "charge-sheet filing"

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High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Incomplete Chargesheet and Non-Compliance with Section 36-A(4) of NDPS Act. Court held that filing of chargesheet without FSL Report and without proper extension under Section 36-A(4) renders the chargesheet incomplete, entitling accused to default bail under Section 167(2) CrPC.

3 Jul 2024

The applicants were arrested on 18.5.2023 in connection with Crime No.401/2023 for offences under Sections 8(b), 8(c), 21(c), and 29 of the NDPS Act f...

Supreme Court

Supreme Court Directs Compliance with Section 173(2) CrPC for Chargesheet Contents — Emphasizes Need for Sufficient Details and Evidence in Police Reports. The Court held that chargesheets must contain sufficient details of facts and evidence, not merely reproduce the FIR, and clarified that arrest is not mandatory before filing chargesheet under Section 170 CrPC.

1 May 2024

The Supreme Court addressed concerns regarding the nature of chargesheets filed in some jurisdictions, where they merely reproduce the FIR without sta...

Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

Supreme Court

Supreme Court Allows CBI Appeal Against Grant of Default Bail in Bank Fraud Case Under Prevention of Corruption Act and IPC. The Court Held That a Chargesheet Filed Under Section 173(2) Cr.P.C. Is Complete Even if Further Investigation is Pending Under Section 173(8), and the Right to Default Bail Under Section 167(2) Ceases Upon Filing of Such Chargesheet and Cognizance.

24 Jan 2024

The appeal arose from a challenge by the CBI against orders of the Special Court and High Court granting default bail to respondents Kapil Wadhawan an...

Supreme Court

Supreme Court Allows Prosecution Appeal in Bail Cancellation Case, Holding Default Bail Can Be Cancelled on Merits After Chargesheet. Bail granted under Section 167(2) CrPC is deemed under Chapter XXXIII, permitting cancellation under Section 439(2) CrPC based on special grounds and seriousness of offences post-investigation.

16 Jan 2023

The appeal arose from a judgment of the High Court of Andhra Pradesh dismissing a petition by the Central Bureau of Investigation under Section 439(2)...

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...

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 Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

High Court

Bombay High Court Allows Default Bail to Accused in Murder Case Under Section 167(2) CrPC Due to Investigation Delay. Statutory Right to Default Bail Cannot Be Denied Even When Investigation Under MCOCA Is Pending, as Charge Sheet Was Filed After the Application for Default Bail.

23 Aug 2016

The petitioner, Pankaj Sundarlal Yadav, was accused No.7 in Crime No.113/2015 registered at Police Station Gondia for offences under Section 302 read ...

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...

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