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1 - 10 of 39 (0.47 seconds)The Code of Criminal Procedure, 1973
Section 8 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Sunjay Datt vs State (Ii) on 9 September, 1994
L. J. (Supp) 265 , the court considered the
Uday Mohanlal Acharya v. State of Maharashtra (2001) 5 SCC 453 : (AIR
2001 SC 1910 : 2001 AIR SCW 1500) [Three Judge Bench] and followed the
Sanjay Dutt v. State (1994) 5 SCC 410 = 1994 AIR SCW 3857 and said if the
application filed for default bail on grounds that charge-sheet is not filed
within 90 days and before consideration of the same and before being
released on bail, charge-sheet is filed, than said right to be released on bail,
can be only on merits.
Sadhwi Pragyna Singh Thakur vs State Of Maharashtra on 23 September, 2011
In the case of Sadhwi Pragyna Singh Thakur v. State of Maharashtra,
2011 AIR SCW 5551 = 2011 CRI.
Hitendra Vishnu Thakur And Others Etc. ... vs State Of Maharashtra And Others on 12 July, 1994
In the aforesaid case, the Apex Court considered the cases of Hitendra
Vishnu Thakur and others Vs. State of Maharashtra and others (1994) 4 SCC
602, Sanjay Dutt Vs.State of Maharashtra (1994) 5 SCC 410, Uday Mohan Lal
Acharya Vs.State of Maharashtra (2001) 5 SCC 453, Rakesh Kumar Paul Vs.
State of Assam (2017) 15 SCC 67, Bipin Shantilal Panchal Vs. State of Gujarat
(1996) 1 SCC 718, Mohd. Iqbal Madar Sheikh Vs.State of Maharashtra (1996)
1 SCC 722, Union of India Vs. Nirala Yadav (2014) 9 SCC 457, Pragya Singh
Thakur Vs. State of Maharashtra (2011) 10 SCC 445, Bikramjit Singh Vs.
State of Punjab 2020 SCC online SC 824 and observed as under −
"It appears that the term 'if not already availed of'
mentioned supra has become a bone of contention as Court have
differed in their opinions as to whether the right to default bail is
availed of and enforced as soon as the application for bail is
filed; or when the bail petition is finally disposed of by the
Court; or only when the accused actually furnishes bail as
directed by the Court and is released from custody."
Section 36 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 57 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Sanjay Dutt vs State Of Maharashtra Tr.Cbi,Bombay on 21 March, 2013
L. J. 1652], Three judges bench of Apex court
referred the case of Sanjay Dutt v. State through C.B.I. Bombay (II), (1994) 5
SCC 410 : (1994 AIR SCW 3857) and said that S. 167 (2) does not create
indefeasible right on accused to exercise it at any time. If charge sheet filed and
accused in custody on basis of order of remand than he cannot be released
on bail on ground that charge-sheet was not submitted within statutory
period.
Dr.Kumud Shrivastava vs The State Of Madhya Pradesh on 4 April, 2012
In Ashok Sharma vs. State of M.P. 1993 JLJ 99, it has been held that
last date, which is Sunday or Holiday will also be counted in 90th day because
Sec. 10 of General Clauses Act 1897 will not be applicable. The court said that
Word "Magistrate" used in section 56, 57 and 167 not mean the "Court of
Magistrate". If the last date of remand is Holiday, the accused will be produced
before the magistrate.