Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s. 167(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 — s. 167(2) — Bail — Refusal to accused, when ~ Appellant surrendered before the Magistrate on 5.7.2013 — Application filed on 03.10.13 for release on bail u/s. 167(2) proviso, on the ground that the charge sheet was not filed - However, on 03.10.2013 itself, endorsement in the order sheet by the Magistrate that the charge sheet has already been received — Rejection of bail application by the Magistrate as also the Sessions Judge — Petition u/s. 482 Cr.PC. seeking quashing of the order passed by the Sessions Judge and the Magistrate — Dismissed by the High Court — On appeal, held: High Court justified in dismissing the petition u/s. 482, and upholding the refusal of bail to appellant —- While computing period of ninety days, the day on which the accused was remanded to the judicial custody should be excluded, and the day on which challan is filed in the court, should be included — Date 05.07.13 is to be excluded and, as such, the charge sheet was filed on ninethieth day, i.e., 03.10.13 — Thus, no infringement of s. 167(2) of the Code. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2015 INSC 145 |
Petitioner | Ravi Prakash Singh @arvind Singh |
Respondent | State Of Bihar |
SCR | [2015] 2 S.C.R. 241 |
Judgement Date | 2015-02-20 |
Case Number | 325 |
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