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1 - 6 of 6 (0.21 seconds)Rakesh Kumar Paul vs State Of Assam on 16 August, 2017
4. The offence for which the First Information Report has been
registered against the petitioner is punishable for a term, which may extend
to 10 years. The Apex Court in Rakesh Kumar Paul v. State of Assam
[2017 (3) MWN (Crl.) 1] has categorically held that an offence punishable
with a minimum imprisonment of 10 years alone is covered under 90 days
and the punishment that may extend to 10 years will fall under the category
of 60 days. In view of the same, the present case where the punishment
extends up to 10 years, the final report ought to have been filed within a
period of 60 days. Admittedly, the final report was not filed within 60 days
and it was filed only after the petitioner had filed a petition u/s.167(2)
Cr.P.C. In view of the same, the Court below ought to have entertained the
petition since the petitioner has the right to be released on statutory bail.
P.K. Shaji @ Thammanam Shaji vs State Of Kerala on 27 October, 2005
(iii)on breach of any of the aforesaid conditions, learned Magistrate/Trial
Court is entitled to take appropriate action against the petitioner in
accordance with law as if the conditions have been imposed and the
petitioner released on bail by the learned Magistrate/Trial Court himself
as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of
Kerala [(2005)AIR SCW 5560].
Section 229A in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
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