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) - Non filing of charge-sheet within the statutory period of 90 days of arrest |
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) - Non filing of charge-sheet within the statutory period of 90 days of arrest - Application u/s 167(2) for release on bail by accused - Subsequent application by CBI seeking extension of time - Court not adverting to the application filed by accused for grant of bail, rather asking defence to file rejoinder to application for extension - Thereafter, filing charge-sheet and rejection of application for grant of bail by the court - High Court releasing the accused on holding that right had already accrued to the respondent when he moved the application for grant of bail - Justification of - Held: When the charge-sheet is not filed, indefeasible right accrues to the accused - Accused can avail his liberty only by filing application u/s. 167(2) - It cannot be frustrated by the prosecution on some pretext or the other - Once such an application is filed, it is obligatory on the part of the court to verify from the records as well as from the public prosecutor whether the time has expired and the charge-sheet has been filed or not or whether an application for extension which is statutorily permissible, has been filed - On facts, the High Court was justified in extending the benefit to the respondent - The day the accused filed the application for benefit u/s. 167, the Court required the accused to file a rejoinder affidavit by the time the initial period provided under the statute had expired - There was no question of any contest as if the application for extension had been filed prior to the expiry of time - Adjournment by the Magistrate was misconceived - He was obliged on that day to deal with the application filed by the accused as required u/s. -167(2) - Such procrastination frustrates the legislative mandate - Court cannot act to extinguish the right of an accused if the law so confers on him - Law has to prevail - Such act on the part of the prosecution was not permissible. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 425 |
Petitioner | Union Of India Through Cbi |
Respondent | Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav |
SCR | [2014] 6 S.C.R. 148 |
Judgement Date | 2014-06-30 |
Case Number | 786 |
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