sheet, as a result the learned Court below refused to grant compulsive bail by invoking power conferred by the aforesaid provision. Shri Mishra strenuously urged ... there, one for compulsive bail and Anr. for regular bail in TADA. Section 20(4) relates to compulsive bail. So far as Section
sought for
then for no fault of his own, the compulsive bail for
which the appellant becomes entitled the day when he
has completed ... bail if he is prepared
to and does furnish the bail which has been termed by
judicial pronouncement to be "compulsive bail
trial court has
rightly passed the order rejecting the plea of compulsive bail, which
does not suffer from any kind of illegality ... default bail
raised by the appellant herein. The appellant, however, reserves a
right to be admitted to bail as a statutory / default / compulsive bail
section (2) of Section 167 of the Code and dealing with compulsive bail, held that the Court must examine the availability of the right ... bail, can claim compulsive bail on the ground of accrued indefeasible right of bail, can claim compulsive bail on the ground of accrued indefeasible right
aforesaid order, the prayer of the
petitioner for grant of compulsive bail U/S. 167(2) of the
Code has been turned down ... this revision is whether the petitioner is
entitled to default bail/compulsive bail in terms of
Section 167(2) of the Code on the ground
released on bail if
he is prepared to and does furnish bail bond which has been
categorized under different judgments as compulsive bail. The
right ... ready to furnish bail
bond, Court passed the order for release on bail, merely because,
accused failed to furnish bail bond, before the submission
Whether a person, who has been granted an order of compulsive bail under Section 167(2) of the Code of Criminal Procedure by the Magistrate ... shall be released on bail, if he is prepared to and does furnish bail which is commonly called as compulsive bail and further that
whether the appellant was
entitled to be admitted to default bail / compulsive bail in terms of
Section 167(2) of Cr.PC, 1973 on filing ... trial court had turned down the plea of
statutory / default / compulsive bail wrongly. He has vehemently
argued that the charge-sheet stood filed
Section 439 of the Criminal Procedure Code. Such a Compulsive bail by the thrust of Section 167(2) can in no event be termed ... above discussed I have rather come to the conclusion that a compulsive bail order made by a Court under Section 167(2) of the Code
failed to
apply the correct principle on the right of “compulsive bail” inasmuch as
such a right should be available on the date the bail ... court is required to examine the availability of the right of
compulsive bail on the date it is considering the question of bail
