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Documents citing Powell Nwawa Ogechi vs The State (Delhi Administration) on 30 July, 1986

Hari Singh vs State Of Rajasthan on 17 July, 1998

I am inclined to agree with the view taken in Powell Nawawa Ogechi v. The State (Delhi Administration) (supra) and in State of Maharashtra v. Sharan B. Sarada, 1983 (2) Crimes 254 (Bombay) (SN), I hold that Section 10 of the General Clauses Act does not apply in the situation of the cases arising under Section 167(2) Cr. P.C. Therefore, the challan submitted on 91st day in this case cannot be considered to have been filed in 90 days.
Rajasthan High Court - Jaipur Cites 14 - Cited by 0 - Full Document

Nawab Khan And Ors. vs The State Of Rajasthan on 25 February, 1991

In the case of Powall Nwawa Ogechi v. The State of Delhi Administration (1986 Cr.LJ.2081), the Delhi High Court took the view that right of the accused Under Section 167 Cr.P.C. to be released on bail is an absolute and indefigible right unless he fails to furnish the bail. The Delhi High Court further held that the right of the accused persons Under Section 167 Cr.P.C. does not cease to apply even if the charge-sheet is submitted after ninety or sixty days as the case may be, and the accused is entitled to ask for bail as of right, the right which has already accured to him.
Rajasthan High Court - Jaipur Cites 34 - Cited by 0 - Full Document

Sanal Satheesh vs State Of Kerala on 23 July, 2025

Similarly, in Pawal Nwawa Ogechi's case (supra), a Division Bench of the Delhi High Court held, while dealing with the erstwhile Cr.P.C, that the power under section 167(2) Cr.P.C is essentially a power given to the Magistrate to be exercised pending investigation and that the power ceases to exist after the expiry of ninety days or sixty days, as the case may be and thereafter there is no lawful authority left with the Magistrate to detain a person in custody for a further period, unless he offers him bail and the B.A. No.6164/25 9 2025:KER:54409 accused fails to furnish the same. It was further observed that at the end of the expiry of the aforesaid period, the right accruing to the accused person would be deemed to be absolute and indefeasible and his further custody without offering bail even for a day, without the charge sheet being presented, would be legally without any justification.
Kerala High Court Cites 16 - Cited by 0 - B K Thomas - Full Document
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