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A person accused of an offence under the Penal Code (‘IPC’) who has not been forwarded under Section 167(1) of the CrPC and has voluntarily appeared and filed a surrender petition cannot be dealt with under Section 167(2) of the CrPC.
“The right of an Investigating Officer for further investigation in terms of Section 173(8) of the Criminal Procedure Code, 1973 (‘CrPC’) is not taken away only because the charge sheet is filed under Section 173(2) of the CrPC against the accused.”
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
“The Courts have the power to cancel the bail and to examine the merits of the case in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice.”
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that under Section 167 of the Code of
Madras High Court: In a criminal appeal filed challenging the extension of the remand period from 90 days to 180
Supreme Court: As Congress MP Karti P. Chidambaram has sought review of the 3-judge bench verdict on the Prevention of Money Laundering
Supreme Court: The 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar, JJ has, in 545-pages-long judgments, has dealt with various
Supreme Court: In a major verdict, the bench of UU Lalit and KM Joseph*, JJ has held that it is open for
Supreme Court: Interpreting Section 167(2) CrPC, the 3-judge bench of UU Lalit, MM Shantanagoudar and Vineet Sarah, JJ has said that the
Karnataka High Court: John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made
Right to default bail a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are fulfilled.
Madras High Court: A Division Bench of M. Sathyanarayanan and P. Rajamanickam, JJ., while addressing the matter of Custodial Death of “Jayaraj &
Delhi High Court: Manoj Kumar Ohri, J. allowed a criminal petition filed under Section 482 read with Section 439(2) CrPC and set aside