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2 JT 257 (SC), (1989) 77 CURTAXREP 77, 1989 SCC (SUPP) 2 431, (1989) 177 ITR 439, (1989) 2 COMLJ 167 Author: R.S. Pathak

order passed under section 167(2) would be an order under section 437(1) or (2) or Section 439 (1) of the Code and would ... 439(2) depends upon the exercise of the discretion. In no case under Section 439(2) could be read with Section 167(2). Section 439

provisions of Sections 167(2) and 439(2) of Cr.P.C.. Sub- section 2 of Section 167 provides that the Magistrate to whom ... 439(2) depends upon the exercise of the discretion. In no case Section 439(2) could be read with Section 167(2). Section 439(2

Section 167(2) the maximum time allowed to the investigating agency was 15 days under Sub-section (2) of Section 167 failing which the accused ... that effect under Section 167(2) would be an order under Sections 437(1) or (2) or 439(1) of the Code. Since Section 167

167, JT 1996 (3) 439, AIRONLINE 1996 SC 441, 2013 (11) SCC 609, 1996 SCC (L&S) 1153, (1996) 2 ... 2 SCT 537, (1996) 73 FAC LR 986, (1996) 3 SCR 266, (1996) 2 SERV LR 871, 1996 (5) SCC 167, (1996) 3 JT 439

JUDGMENT 1. The present bail application is filed under sections 439 and 167(2) of the Code Of Criminal Procedure, 1973 (hereinafter referred ... petitioner/accused in bail application under sections 439 and 167 (2) of the Code which is under consideration stated that the petitioner/accused

Section 439(2) . It is submitted that therefore, though the bail is granted under proviso to sub-section (2) of Section 167 ... that effect under Section 167(2) would be an order under Section 437(1) or (2) or Section 439(1) of the Code. Since Section

REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. DEPUTY SUPERINTENDENT OF POLICE MANANTHAVADI-670 645. BY ADDL.DIRECTOR GENERAL ... 2. The above petition was preferred by the appellant under section 439 , 167 (2) of the Code of Criminal Procedure (hereinafter referred

167(2) of the Code. It was also submitted by the learned counsel that since the accused was enlarged on bail under Section 167(2 ... granting bail under Section 167(2) of the Code, it would be an empty formality. The purpose of Section 167(2) is to protect

constituting offence. Criminal Procedure Code , 1973, ss. 167(2), 309(2), 437(5) and 439(2)-Order for release on bail-No limit within which ... under the proviso to s. 167(2) is also subject to the provisions of s. 437(3) and 439(2) and may be extinguished