Supreme Court · 2021 INSC 183 · Decided 15 March 2021
Fakhrey Alam v. The State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2021 INSC 183 · [2021] 2 S.C.R. 1000
- Case number
- CRIMINAL APPEAL No. 319/2021
- Decided
- 15 March 2021
- Bench
- SANJAY KISHAN KAUL, R. SUBHASH REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3, 25, 30; CrPC Section 167, 167(2); Constitution Article 21; UAPA Section 18; Arms Act Section 3, 25, 30
Headnote
Code of Criminal Procedure, 1973 - s.167 - Default bail - FIR against appellant under provisions of IPC, Arms Act and the UAPA Act -Appellant, if entitled to default bail under s.167(2) CrPC in the facts of the case - Held: Entitled - s.167 CrPC provides for which the investigation should be completed, depending upon the nature of offences - Since, liberty is a Constitutional right, time periods are specified in default of which the accused will have a right to default bail, a valuable right - On facts, FIR was filed against
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