whereby the application under Section 167(2) of the
Code of Criminal Procedure (for short ‗ Cr.P.C .') filed by the
petitioner was dismissed ... defeat the very purpose of the proviso to
Section 167(2) of the Criminal Procedure Code and
further would make an illegal custody
point for statutory period as envisaged in proviso to
sub-section (2) of Section 167 Cr.P.C.
7. The similar point as mentioned supra ... terms of Section 57 but will also be at variance
with the terms of sub-section (2) of Section 167 of Cr.PC
itself
besides the provisions of under Section 36 A (4)
of the NDPS Act and Section 167 (2) Cr.P.C., held: -
"I have considered ... petition under Section 439 Cr.P.C .or 482 CrPC ;
(vi) Whether while deciding the application under
Section 167(2) CrPC
prescribed period. Sub-section (2) of Section 167 of the
Code lays down that the Magistrate to whom the
Crl.M.C. No.3644/2014 ... section (4) of Section 20 read with the
proviso to sub-section (2) of Section 167 of CrPC an
indefeasible right
petitioner
has made prayer for grant of bail under Section 439 read with
Section 167 (2) ... petition under Section 439 Cr.P.C. or
482 Cr.P.C .;
(vi) Whether while deciding the application under
Section 167(2)
entitled for bail after 60 days
under Section 167 of the Code of Criminal Procedure, 1973
(hereinafter referred to as " ... detenue
W.P.(Crl.) 1214/2015 Page 20 of 30
is likely to be released on bail under Section 167 Cr.P.C. in case
seeking bail. The
application under Section 36-A(4) and the application under Section
167(2) Cr.P.C. were disposed of on 16.04.2015. Application ... petition under Section 439 Cr.P.C .or 482 CrPC ;
(vi) Whether while deciding the application under
Section 167(2) CrPC
bail. The
second application under Section 36-A of the Act and the second
application under Section 167(2) Cr.P.C. were disposed ... petition under Section 439 Cr.P.C .or 482 CrPC ;
(vi) Whether while deciding the application under
Section 167(2) CrPC
Report was registered under Section 174 Cr.P.C. and subsequently, the same was altered into one under Section 302 I.P.C. The accused ... Crl.M.P.No.389 of 2015 dated 19.1.2015 stating that the learned Magistrate has erred in granting statutory bail under Section 167(2)
Code of Criminal Procedure , 1882."
13. The 1872 Code was repealed by the 1882 Code, and the precursor of the present Section 167 ... that Chapter;"
18. Section 167 of the 1973 Code was amended by the Code of Criminal Procedure Amendment Act, 1978 whereby the present avatar
