Section 167(2)CrPC: Accused Is Entitled To Default Bail Even After Statutory Period If He Files Application Before Filing Charge-sheet : Kerala HC

Ashok Kini

23 Aug 2019 4:03 PM IST

"However, if the accused files application subsequent to the filing of the chargesheet, the indefeasible right gets extinguished even if the charge-sheet was filed after the period stipulated under proviso to Section 167(2) of the Code."

The Kerala High Court, in a judgment delivered on Thursday, gave a clear picture on the entitlement of an accused to get bail in cases where the investigation is not complete within the statutory period as provided under proviso (a) to Section 167(2) of the Criminal Procedure Code. Justice B. Sudheendra Kumar, while allowing a petition filed by a man accused of NDPS offence, summarized...

Section 167(2)CrPC: Accused Is Entitled To Default Bail Even After Statutory Period If He Files Application Before Filing Charge-sheet : Kerala HC

Ashok Kini

"However, if the accused files application subsequent to the filing of the chargesheet, the indefeasible right gets extinguished even if the charge-sheet was filed after the period stipulated under proviso to Section 167(2) of the Code."

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