filed application for
bail under Section 167(2) of the Code of Criminal Procedure,
1973 (‘ CrPC ’) on 01.02.2019 before the Special Court ... defeat the very purpose of the
proviso to Section 167(2) of the Criminal Procedure
Code and further would make an illegal custody
167(4) Cr.P.C. and the same was listed for
consideration on 17th July, 2012. In the meantime, on 16th July, 2012, CR ... Section 167(2) Cr.P.C.
16. At this juncture, it may be useful to indicate that the provisions of
Section 167(2
TADA Act read with Section 167(2)
of the Code of Criminal Procedure in default of completion of the
investigation and filing of the challan ... defeat the very purpose of the
proviso to Section 167(2) of the Criminal Procedure Code and further would
make an illegal custody
have the
sanction either of Section 167(2) Cr.P.C. or Section 309 Cr.P.C., the
Petitioner was entitled to be released ... statutory bail, as envisaged in Section 167 Cr.P.C.
The scheme of the Cr.P.C . is such that once the investigation stage
application u/ sec. 167(2) Cr.P.C. alternatively read
as application u/ sec.21(2)(b) of MCOCA is dismissed.
Copy of order ... moved an application
under Section 167(2) Cr.P.C. for release on bail by default
under Section 167(2) Cr.P.C
167 (2) of the Code of Criminal
Signature Not Verified
Digitally signed by
Jayant Kumar Arora
Date: 2023.03.28
17:42:40 IST
Procedure, 1973 (hereinafter ... deemed to be grant of bail under chapter
XXXIII of Cr.P.C . The proviso inserted by Act No. 45 of 1978, comes into
operation
Section 167(2) of Cr.P.C. It would be
profitable to reproduce Section 167(2) Cr.P.C herein:-
"(2) The Magistrate ... deny the bail under Section 167(2) Cr.P.C, because Court
while granting bail under Section 167(2) Cr.P.C, is concerned
with
Cr.P.C. and documents being relied upon by the prosecution. I take cognizance for the offence under section 363 / 376 / 34 I.P.C ... judicial custody either under Section 167 or under Section 309(2) of the Code of Criminal Procedure. This situation can be solved by a Magistrate
2) of the Cr.PC. The Chemical Examiner's report
CRL.REV.P.1219/2019 & Other Connected Matters Page 2 ... Single Judge of this Court has considered that section
167(2) of Cr.P.C. does not speak about the filing of the
chargesheet
within the period of 90 days specified
in Section 167(2) Cr.P.C. and the date on which, the accused was
remanded ... under
Section 167(2) Cr.P.C. was moved before the presentation of final
report under Section 173(2) Cr.P.C.
Consequently, the accused
