When accused can not be released on bail u/s 167 of cr pc ?
In the matter of Bipin Shantilal Panchal
Vs. State of Gujrath, the Supreme has again explained
effect of Section 167(2) of Cr.P.C. And proviso
thereof.
Section 167(2)(a)(ii) of Cr.P.C. Has to be
read with ExplanationI incorporated by virtue of
amendment by Act of 5 of 2009 w.e.f. 31.12.2009. The
Explanation provides, "For the avoidance of doubts,
it is hereby declared that, notwithstanding the
expiry of the period specified in paragraph (a), the
accused shall be detained in custody so long as he
does not furnish bail."
8) A conjoint reading of Section 167(2)(a)(ii)
with Explanation, explicitly demonstrate that, on the
date when the order of bail was extended to the
accused, there was already final report/charge sheet
tendered by the Investigating Agency. Consequently,
on 3rd January, 2013, the learned judge could not
exercise powers in favour of the accused/applicant to
release him on bail in terms of Section 167 of
Cr.P.C.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.944/2013.
Padmabai Dattatraya Bhojne APPLICANT
VERSUS
The State of Maharashtra RESPONDENT
CORAM : K.U.CHANDIWAL,J.
DATE : 5
th MARCH,2013.
PER COURT:
Vs. State of Gujrath, the Supreme has again explained
effect of Section 167(2) of Cr.P.C. And proviso
thereof.
Section 167(2)(a)(ii) of Cr.P.C. Has to be
read with ExplanationI incorporated by virtue of
amendment by Act of 5 of 2009 w.e.f. 31.12.2009. The
Explanation provides, "For the avoidance of doubts,
it is hereby declared that, notwithstanding the
expiry of the period specified in paragraph (a), the
accused shall be detained in custody so long as he
does not furnish bail."
8) A conjoint reading of Section 167(2)(a)(ii)
with Explanation, explicitly demonstrate that, on the
date when the order of bail was extended to the
accused, there was already final report/charge sheet
tendered by the Investigating Agency. Consequently,
on 3rd January, 2013, the learned judge could not
exercise powers in favour of the accused/applicant to
release him on bail in terms of Section 167 of
Cr.P.C.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.944/2013.
Padmabai Dattatraya Bhojne APPLICANT
VERSUS
The State of Maharashtra RESPONDENT
CORAM : K.U.CHANDIWAL,J.
DATE : 5
th MARCH,2013.
PER COURT:
https://www.lawweb.in/2013/08/when-accused-can-not-be-released-on_29.html
