The Period During Which An Accused Has Been Enlarged On Bail Cannot Be Computed While Calculating The Period Of Custody For The Purposes Of Considering The Default Bail: High Court of J&K and Ladakh

The Court has observed that the period during which an accused has not been in custody or has been enlarged on bail cannot be computed while calculating the period of custody for the purposes of considering the default bail plea.

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Read more about the article Default Bail under Section 167(2) CRPC cannot be claimed on the ground that Cognizance has not been taken before the expiry of 60 days: Supreme Court
PC: Supreme Court of India

Default Bail under Section 167(2) CRPC cannot be claimed on the ground that Cognizance has not been taken before the expiry of 60 days: Supreme Court

The Court while hearing a criminal appeal has observed that filing of a charge-sheet is sufficient compliance with the provisions of Section 167, CrPC and that an accused cannot demand release on default bail under Section 167(2) on the ground that cognizance has not been taken before the expiry of 60 days.

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Magistrate has no jurisdiction to extend the period of filing of chargesheet under Section 167 beyond ninety days in scheduled offences.

The right to default bail is not a mere statutory right under the first proviso to Section 167(2) of the Code, but is part of the procedure established by law under Article 21 of the Constitution of India, which is, therefore, a fundamental right granted to an accused.

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Default Bail: Plea of filing supplementary charge-sheet cannot be used to extend the time limit under Section 167(2) CrPC

We do not think that the State can take advantage of the fact that in one case there is one charge sheet and supplementary charge sheets are used to extend the time period in this manner by seeking to file the supplementary charge sheet qua the offences under the UAPA Act even beyond the period specified under Section 167 of the Cr. P.C beyond which default bail will be admissible, i.e, the period of 180 days. That period having expired and the charge sheet not having been filed qua those offences (albeit a supplementary charge sheet), we are of the view the appellant would be entitled to default bail in the aforesaid facts and circumstances.

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