petition is filed by petitioner-accused No.6
under Section 439 r/w Section 167 of Cr.P.C. seeking
his release on bail ... bail under Section 167(2) of Cr.P.C. There is no
6
provision under the Code of Criminal Procedure to file a
piece meal
bail application under the provision
of Section 167(2)(a)(i) of the Code of Criminal
Procedure, along with an advancement application
of the case ... provision as engr af ted under
proviso to sub-section (2) of Section 167
of Cr.P.C. the Cour t required the accused
accused himself has not filed the
bail application under Section 167(2) of Cr.P.C. Even the
present application filed by the petitioner ... under Section 439 of
Cr.P.C. only. Even if the bail application is treated to be filed
under section 167(2) of the
Section 34 of IPC and Sections 4 , 5 (J)(II) , 6 of
Protection Of Children from Sexual Offences Act, 2012.
This Criminal Petition coming ... bail
of the offences punishable under Sections 376(C),
376(2) r/w Section 34 of IPC and Sections
does not
entitle the accused for grant of statutory bail under Section
167 of Cr.P.C. In the case on hand ... entitled for grant of bail
as per the provisions of Section 167(2) of Cr.P.C. The
application before the trial court seeking
order.
Learned counsel further submitted that unless the
conditions under Section 167 or 267 of Cr.P.C . are
complied with, no order for giving ... will not make
out a case for invoking the jurisdiction Section 167 or 267
of Cr.P.C . for remanding the petitioner to the police
merits, but
it is a default bail as per Section 167(2) of Cr.P.C. The
learned Sessions Judge while rejecting the bail
application ... merits,
but, it is a default bail order invoking Section 167(2) of
Cr.P.C. The trial Court in its order has observed that
Section 439 of Cr.P.C. seeking his release on bail
of the offences punishable under Sections 302 and 309
and 506B of IPC, registered ... offence alleged is under Section 302 of IPC. Even the
statutory bail under Section 167(2) of Cr.P.C. also came
to be rejected
have been released on bail as per
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Section 167(2) of Cr.P.C. as the charge-sheet was not
filed within the prescribed ... time and hence, they were released by order
passed under Section 167(2) of Cr.P.C. It is no doubt
true, even against
under Section 439 of Cr.P.C., seeking
his release on bail of the alleged offence punishable
under section 395 and 397 of IPC, registered ... have already
been granted with bail under Section 167(2) of Cr.P.C.
as the charge sheet was not filed within time and
Accused
