{"id":237740,"date":"2020-10-20T13:40:09","date_gmt":"2020-10-20T08:10:09","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=237740"},"modified":"2020-10-20T12:56:14","modified_gmt":"2020-10-20T07:26:14","slug":"kar-hc-whether-the-indefeasible-right-of-an-accused-to-seek-compulsive-bail-under-s-1672-crpc-is-defeated-by-the-unilateral-extension-of-time-by-the-court-hc-elaborates","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/10\/20\/kar-hc-whether-the-indefeasible-right-of-an-accused-to-seek-compulsive-bail-under-s-1672-crpc-is-defeated-by-the-unilateral-extension-of-time-by-the-court-hc-elaborates\/","title":{"rendered":"Kar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates"},"content":{"rendered":"

Karnataka High Court: <\/strong>John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made significant observations with respect to default bail under Section 167(2) Criminal Procedure Code and protection guaranteed by Article 21 of the\u00a0 Constitution of India.<\/p>\n

\u00a0<\/strong>Brief Facts<\/strong><\/p>\n

The facts of the case are briefly enumerated hereunder;<\/p>\n

    \n
  1. That the petitioner accused 2 and 3 were arrested and produced before the Court on 28-12-2019 on the charge of committing offences punishable under Sections 22(b) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (\u201cNDPS Act\u201d)<\/li>\n
  2. That as per Section 36A(4), the respondent was required to file charge-sheet by 27-06-2020 but an application was filed before the Special Judge for NDPS cases, seeking an extension of time.<\/li>\n
  3. That an order with respect to the aforementioned application was passed, dated 1-06-2020, granting an extension of time by another 90 days, to the respondent authority.<\/li>\n
  4. That the present petition is moved under Section 439 CrPC, praying to enlarge the petitioner on bail exercising right against the same under Section 167(2) CrPC.<\/li>\n<\/ol>\n

    \u00a0<\/strong>Issue<\/strong><\/p>\n

      \n
    1. Whether the petitioners are entitled to grant of bail as per Section 167(2) r\/w Section 36A(4) of the NDPS Act due to non-completion of the investigation?<\/li>\n<\/ol>\n

      \u00a0<\/strong>Observation<\/strong><\/p>\n

      The Court cited the following cases pursuant to its decision;<\/p>\n