application for
bail under Section 167(2) of the Code of Criminal Procedure,
1973 (‘ CrPC ’) on 01.02.2019 before the Special Court for
Exclusive ... Government while
drafting the Code of Criminal Procedure Bill in 1970. Ultimately,
the 1898 Code was replaced by the present CrPC . The Statement
167 of the Code of Criminal Procedure.
9. In the earlier Code, i.e., the Code of Criminal
Procedure , 1898, Section 167 laid down ... noticed above clearly delineates that provisions of
Section 167 of Code of Criminal Procedure gives due
regard to the personal liberty of a person.
Without
section (4)
of Section 20 is to apply Section 167 of the Code of Criminal Procedure in
relation to a case involving an offence punishable ... defeat the very purpose of the
proviso to Section 167(2) of the Criminal Procedure Code and further would
make an illegal custody
order dated 25.06.2018 remanding the
appellant to judicial custody under Section 167
Cr.P.C. When cognizance has already been taken on
7
11.03.2016, order ... Special Judge has rightly remanded
the appellant exercising power under Section 167
Cr.P.C., during further investigation by NIA. The
mere fact that
detention of the Police for
investigation. Under Section 167(2) of the Code
of Criminal Procedure, 1973 (hereinafter
referred to as ‘the CrPC ... understood as custody within
the meaning of Section 167 of the Code of
Criminal Procedure. In short, house arrest
was permitted in exercise
Code of Criminal
Signature Not Verified
Digitally signed by
Jayant Kumar Arora
Date: 2023.03.28
17:42:40 IST
Procedure, 1973 (hereinafter ‘ CrPC ... released on default bail.
24. Section 167, as originally enacted in the Code of Criminal Procedure ,
1898 envisages completion of investigation within 24 hours
applications for grant of bail in default under
Section 167(2) of Code of Criminal Procedure (hereafter the ' Cr.PC ')
were rejected ... been
filed is not governed by Section 167 but different
provisions of the Code of Criminal Procedure . If
that right had accrued to the accused
Constitution as well as the provisions of the Criminal Procedure Code . Further, this procedure is directly contrary to the principles laid down by a Division ... true scope of Sections 57 and 167 of the Criminal Procedure Code and what is the duty cast upon the Magistrate who is required
accused person by a Magistrate under S. 167(2)
of the Code of Criminal Procedure ?"
How the reference has arisen :- The three petitioners herein ... Section 167(2)(b)
as follows :-
"It is true that under S. 167(2)(b) of the Code of Criminal Procedure,
production
offence
of murder punishable under Section 302 of IPC also, under
Section 167 Cr.P.C, police have to complete their investigation
within a period ... provisions
_* CMR, J.
Cri. P.No.4276 of 2020
of the Criminal Procedure Code . Therefore, it could be violative
of Article 21 of the Constitution
