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Right of default bail u/s 167(2) of CrPC is fundamental right
Case Law Details
- Case Name
- Ritu Chhabaria Vs Union of India (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Ritu Chhabaria Vs Union of India (Supreme Court of India)
Supreme Court held that the right of default bail under Section 167(2) of the Code of Criminal Procedure, 1973 (CrPC) is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India.
Facts- An FIR was lodged u/s. 120(B) read with Section 420 of the Indian Penal Code, 1860 along with Sections 7,12 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, wherein the writ petitioner’s husband was not named.
Subsequently, two supplementary chargesheet...
Author Info
This judgment is being considered by the larger bench and presently in abeyance i.e. not to be relied upon by subordinate courts.