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Showing contexts for: criminal procedure code section 167 in Balkaran Singh vs State Of Punjab on 29 June, 2015Matching Fragments
In Hardeep Singh Vs. State of Punjab, CRM-M-17260- 2014, decided on 29.5.2014, taking into consideration the judgment of Hon'ble the Apex Court in Sanjay Kumar Kedia @ Sanjay Kedia Vs. Intelligence Officer, Narcotic Control Bureau and another, 2009 (17) SCC 631, besides the provisions of under Section 36 A (4) of the NDPS Act and Section 167 (2) Cr.P.C., held: -
"I have considered the ratio of the judgment in case Sanjay Kedia (supra) on the basis of which the prosecution had moved an application in the shape of report under Section 36 A (4) of the NDPS Act. It has been held in the said judgment that in case the investigation is not completed within 180 days the Court is empowered to authorize detention for a period upto one year provided following conditions are specified: -
iv) lapse on the part of the Court in not deciding the application under Section 167 (2) Cr.P.C. Which was filed on September 24, 2013. The petitioner seems to have acquired an indefeasible right to be released on bail on the basis of the above said circumstances, as the statute confers a right upon him to be released after expiry of 180 days but at the same time, it is not out of place to observe here that as an abundant caution, the prosecution agency in order to prevent the release of accused had filed an application under Section 36 A (4) of the Act on September 21, 2013 which application could have been decided after issuing notice to the petitioner in jail by September 24, 2013 before expiry of period of 180 days. Had that application been decided by passing a speaking order in accordance with law, the petitioner would not have got an opportunity to seek the advantage of default of the prosecution agency in presentation of challan by moving an application under Section 167 (2) Cr.P.C."
(v) Whether after dismissal of the bail application before the trial Court, the remedy is of filing revision or petition under Section 439 Cr.P.C .or 482 CrPC;
(vi) Whether while deciding the application under Section 167(2) CrPC, the merits of the case or nature of the offence is to be seen or not;
(vii) Whether the application for extension of time moved by the prosecution and application seeking grant of bail moved by the accused should be decided together on the same date and in the presence of both the parties;
In context of the aforesaid decisions, it is observed that the right to be released on bail under Section 167(2) Cr.P.C., accrued to the petitioner on 21.11.2014 on expiry of 180 days of his detention. The application under Section 167 (2) Cr.P.C. had been filed on 26.11.2014. An indefeasible right to be released on bail which accrued to the petitioner after 21.11.2014 and could not have been defeated by filing an application under Section 36 A (4) of the NDPS Act.