registered for the offence
of murder punishable under Section 302 of IPC also, under
Section 167 Cr.P.C, police have to complete their investigation ... maximum period as indicated in the proviso to sub-section (2)
of Section 167 Cr.P.C. any further detention beyond the period
when
accordance with Section 20(4)(bb) of the TADA Act read
with Section 167(2) of the Code of Criminal Procedure in default
of completion ... released on bail under
Section 167(2), his bail can be cancelled by passing
appropriate order under Section 439(2) CrPC. This Court
offence alleged is under
Sections 302 and 201 of IPC. Therefore, as per the proviso
to Section 167(2) of Cr.P.C, the investigation ... released on
bail under Section 167(2), his bail can
be cancelled by passing appropriate
order under Section 439(2) CrPC. This
Court
2)WLC67
JUDGMENT
Harbans Lal, J.
1. The instant application under Section 439(2) of the Code of Criminal Procedure, 1973 (for short ' ... Section 167(2) Cr.P.C. reads as under:-
167(2)-The Magistrate to whom an accused person is forwarded under this section may, whether
having been filed within the
period stipulated in Section 167(2) of the Code of Criminal
Procedure, as by the time the High Court entertained ... defeat the very purpose of the proviso to Section 167(2) of the
Criminal Procedure Code and further would make an illegal custody
once the petitioner
invoked his right which accrued to him under Section 167 (2)
Cr.P.C. and it is fact that on that date ... being
the assailant and accused of Section 302 IPC has been seeking
his release under Section 167 (2) Cr.P.C. on the sole contention
application Under Section 439 of the Code of Criminal Procedure (" Cr.P.C ." for short) for grant of bail.
2. As it appears ... Code corresponds to Section bearing the same number of the old Code, but the new Code has introduced certain new provisions. Proviso to Section 167
accused
persons the benefit of default bail under Section 167 (2) of the Code of Criminal
Procedure, 1973.
11. Learned counsel for the petitioner ... 2) of the Code of Criminal Procedure, 1973.
26. We have seen herein above that Section 173 (2) of the Code of Criminal
Procedure
aforesaid background, applicant filed his bail application in terms of Section 167 (2) Cr.PC. claiming default bail before the Chief Judicial Magistrate, Kanpur Nagar ... party 2 submits that once the order of remand has been passed by the remand Magistrate in exercise of jurisdiction under Section 167 (2)
aforesaid background, applicant filed his bail application in terms of Section 167 (2) Cr.PC. claiming default bail before the Chief Judicial Magistrate, Kanpur Nagar ... party 2 submits that once the order of remand has been passed by the remand Magistrate in exercise of jurisdiction under Section 167 (2)
