Case Law Details
Amandeep Singh Bhui Vs Inspector (Preventive) Central Goods and Service Tax (Punjab and Haryana High Court)
Default bail under Section 167(2) Cr.P.C. cannot be equated with the discretion of the Court under Sections 437, 438 or 439 Cr.P.C., wherein the Court has got ample power to impose any condition as would be deemed fit on the facts and in the circumstances of the case. The indefeasible right under Section 167(2) Cr.P.C., accrued due to the failure on the part of the investigating agency to complete the investigation and present the challan within the stipulated period would, therefore, be a right free from any inhibition or embargo.
FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB AND HARYANA HIGH COURT
By way of the present petition, the petitioner seeks setting aside of the order dated 15.07.2021 passed by the learned Additional Sessions Judge, Ludhiana, whereby the prayer of the petitioner to set aside/modify stringent conditions imposed by the learned Chief Judicial Magistrate, Ludhiana, while granting default bail to the petitioner under Section 167(2) Cr.P.C., was declined.
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