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Wednesday, 20 April 2011

om: SENSE OF LAW: Criminal Procedure Code-Section 167(...

om: SENSE OF LAW: Criminal Procedure Code-Section 167(...: "SENSE OF LAW: CrimWhere the accused does not file bale application after the expiry of the prescribed period envisaged by Sec.167,the accuse..."

SENSE OF LAW: Criminal Procedure Code-Section 167(2)-1 Question

SENSE OF LAW: CrimWhere the accused does not file bale application after the expiry of the prescribed period envisaged by Sec.167,the accused cannt be released on bail under the default clause once the charge sheet is filed. In Dr.Bipin Shantilal Panchal v. State of Gujrat, AIR 1996 SC 2847 (A.M.Ahmadi,Jeevan Reddy and N.P.Singh,JJ ) a Full Bench of Supreme Court observed:"....if an accused person fails to exercise his right to be released on bail for the failure of prosecution to file the charge sheet within the maximum time alloted by law, he cannot conted that he had an indefensible right to exercise it at any time notwitstanding the fact that in the mean time the charge-sheet is filed. But on the other hand if he exercises the right within the time alloted by law and is released on bail under such circumstramnces, he cannot be rearrested on the mere filing of charge-sheet, as pointed out in Aslam Bablal Desai v. State of Maharashtra, (1992)4SCC 272(A.M.Ahmadi,M.M.Punchhi and K.Ramaswamy,JJ).
Whether the accused who was entitled to be released on on bail under Sec.167(2) , not having made an application when such right had accrued, can exercise that right at a later stage of proceeding, has been examined by the Connstitution Bench of Supreme Court in Sanjay Dutt v. State Through C.B.I., Bombay (II), (1994)5 SCC 410(A.M.Ahmadi,J.S.Verma,P.B.Sawant,Jeevan Reddy and N.P.Singh,JJ). The Court held that the 'indefeasible right' in accused to be relaeased on bail under Sec.167(2) arises from the time of default and continues till filing of charge-sheet, but does not survive thereafter. After filing of charge-sheet, grant of bail would be decided on merits according to the provisions relating to grant of bailapplicable at that stage.
Latheesh kumar K.J., Advocate,Suprememe Court of Indiainal Procedure Code-Section 167(2)-1 Question