Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
Filing of incomplete charge-sheet or investigation report without concluding investigation cannot deprive the accused of the indefeasible right to default bail under Section 167(2). | Bar on defeating default bail through incomplete investigation applied to Section 187 BNSS.
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
Filing of incomplete charge-sheet or investigation report without concluding investigation cannot deprive the accused of the indefeasible right to default bail under Section 167(2). | Bar on defeating default bail through incomplete investigation applied to Section 187 BNSS.
Default bail is a fundamental right part of Article 21; applies equally to special statutes like UAPA and cannot be defeated by procedural extensions filed post-expiry. | Indefeasible right to default bail under 60/90 days rule applied to Section 187 BNSS.
Right to default bail accrues the moment an application is filed upon expiry of 60/90 days; subsequent filing of charge-sheet cannot defeat this accrued right.
Default bail under Section 167(2) is an absolute, indefeasible right flowing from Article 21; once granted, it cannot be cancelled merely on the subsequent filing of charge-sheet.
Default bail is a fundamental right part of Article 21; applies equally to special statutes like UAPA and cannot be defeated by procedural extensions filed post-expiry. | Indefeasible right to default bail under 60/90 days rule applied to Section 187 BNSS.
Right to default bail accrues the moment an application is filed upon expiry of 60/90 days; subsequent filing of charge-sheet cannot defeat this accrued right.
Default bail under Section 167(2) is an absolute, indefeasible right flowing from Article 21; once granted, it cannot be cancelled merely on the subsequent filing of charge-sheet.