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1 - 10 of 10 (0.22 seconds)Section 20 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Code of Criminal Procedure, 1973
Hitendra Vishnu Thakur vs State Of Maharashtra on 12 July, 1994
In view of the
decision of the Hon'ble Supreme Court in Hitendra
Vishnu Thakur Vs State of Maharashtra (cited supra),
it is immaterial whether the bail application is
filed first or charge sheet is filed first so long as
both are considered simultaneously while granting or
refusing bail. Taking into consideration of the
aforesaid facts, the learned Principal Special Judge
for EC and NDPs Act Cases, Madurai has rightly
dismissed the Crl.M.P.NO.995 of 2019. This Court
does not find any irregularity or illegality in the
said order. Accordingly, this Criminal Revision
Petition is dismissed.
Kannan Devan Hills Produce Company Ltd vs The State Of Kerala And Another on 27 April, 1972
13.In view of the aforesaid decisions of the
Hon'ble Supreme Court, I am unable to agree with the
view of the learned Judge of this Court in Kannan Vs
State (cited supra).
Sanjay Dutt vs State Of Maharashtra Tr.Cbi,Bombay on 21 March, 2013
12.In view of the decision of the
Constitution Bench of the Hon'ble Supreme Court in
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Sanjay Dutt Vs State (cited supra), the right of the
accused to be released on bail, after filing of the
charge-sheet, not withstanding the default in filing
it within the time allowed, is governed from the time
of filing of the charge sheet only by the provisions
relating to the grant of bail applicable at that
stage. Section 167 of Cr.P.C will apply only at the
investigation stage. Once charge sheet is filed,
further remand can be made only by invoking the power
under Section 309 of Cr.P.C. Therefore, the accused
cannot seek bail under Section 167(2) Cr.P.C. He has
to seek bail only under provisions relating to the
grant of bail applicable at that stage.
Section 167 in The Code of Criminal Procedure, 1973 [Entire Act]
Sunjay Datt vs State (Ii) on 9 September, 1994
4.Per contra, the learned Government
Advocate (Crl.Side) has submitted that on 25.03.2019,
the respondent has filed charge sheet and on the very
same day, the petitioner has also moved statutory
bail application under Section 36-A (4) of NDPS Act
r/w 167(2) of Cr.P.C. He further submitted that
since the respondent has filed charge-sheet, the
trial court has rightly dismissed the petitioner's
application on 28.03.2019 and taken the case on file
as C.C.No.118 of 2019 and the case was adjourned. He
further relying upon the decision of the Constitution
Bench of the Hon'ble Supreme Court in Sanjay Dutt Vs.
State (1994) 5 SCC 410:1994 SCC (Cri) 1433 contended
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CRL RC(MD) No.219 of 2019
that the indefeasible right accruing to the accused
is enforceable only prior to the filing of the charge
sheet and once charge sheet is filed, the said right
gets extinguished. He further submitted that in this
case, before the petitioner has availed the said
indefeasible right, charge sheet has been filed and
hence, the trial court has rightly dismissed the bail
application and there is no irregularity or
illegality in the said order and therefore, he prayed
to dismiss this Criminal Revision.
Section 309 in The Code of Criminal Procedure, 1973 [Entire Act]
Hitendra Vishnu Thakur And Others Etc. ... vs State Of Maharashtra And Others on 12 July, 1994
9.Since in the aforesaid decision, the
Constitution Bench has referred to Hitendra Vishnu
Thakur Vs State of Maharashtra (1994) 4 SCC 602: 1994
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CRL RC(MD) No.219 of 2019
SCC (Cri) 1087, it would be relevant to refer to
para-30 of the decision in Hitendra Vishnu Thakur Vs
State of Maharashtra (cited supra) which reads thus:-
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