Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | BAIL: Bomb blast - Arrest of appellant - Bail application on the ground that the arrest of appellant violated the mandate of Article 22(1) and 22(2) of the Constitution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | BAIL:Bomb blast - Arrest of appellant - Bail application on the c ground that the arrest of appellant violated the mandate of Article 22(1) and 22(2) of the Constitution and also on the ground that no charge sheet was filed within 90 days as contemplated u/s.167(2), Cr.P.C. - Special court and High Court rejected the bail application - On appeal, held: The case of appellant that she was arrested on October 10, 2008 and charge sheet was filed on January 20, 2009, which was beyond 90th day from date of first remand order was not established and was rightly rejected by lower courts - Appellant was arrested on October 23, 2008 and was produced before the Magistrate the next day on which date the appellant was remanded to Police custody till November 3, 2008 - Both the courts below concurrently so held which is well founded and is not liable to be interfered with - Code of Criminal Procedure, 1973 - s.167(2) - Constitution of India, 1950· - Article 22(2) - MCOC Act. Grant of bail - Consideration for - Held: Considerations for grant of bail at the stage of investigation and after the charge sheet is filed are different - ·Once a person is arrested and is in judicial custody, the prayer for bail will have to be considered on merits - Prayer for bail cannot be automatically granted on establishing that there was procedural breach irrespective of the merits of matter.CODE OF CRIMINAL PROCEDURE, 1973s.167(2) - Held: The right u/s 167(2) to be released on bail on default if charge sheet is not filed within 90 days from the date of first remand is not an absolute or indefeasible right 8 - The said right would be lost if charge sheet is filed and would not survive after the filing of the charge sheet - After the filing of the charge sheet, if the accused is to be released on bail, it can be only on merits. Relevant date of counting 90 days for filing charge sheet - Held: Is the date of first order of the remand and not the date of arrest CONSTITUTION OF INDIA, 1950: Article 22(2) - Held: Right u/Article 22(2) is available only against illegal detention by police - It is not available against custody in jail of a person pursuant to a judicial order - Article 22(2) does not operate against the judicial order. |
Judge | Hon'ble Mr. Justice J.M. Panchal |
Neutral Citation | 2011 INSC 706 |
Petitioner | Sadhwi Pragyna Singh Thakur |
Respondent | State. Of Maharashtra |
SCR | [2011] 14 S.C.R. 617 |
Judgement Date | 2011-09-23 |
Case Number | 1845 |
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