Supreme Court · 2023 INSC 44 · Decided 16 January 2023
The State Through Central Bureau of Investigation v. T. Gangi Reddy @ Yerra Gangi Reddy
- Court
- Supreme Court of India
- Citation
- 2023 INSC 44 · [2023] 1 S.C.R. 741
- Case number
- CRIMINAL APPEAL No. 37/2023
- Decided
- 16 January 2023
- Bench
- M.R. SHAH, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120; CrPC Section 167(2), 167, 439(2)
Headnote
Code of Criminal Procedure, 1973 : s. 167(2) - Default bail - Cancellation of, on merits - On facts, accused-respondent arrested in connection with the murder of a former MLA, released on default bail u/s 167(2) - CBI concluded the investigation, filed chargesheet cancellation of bail of the respondent - However, the High Court rejected the said petition on the ground that default bail granted u/s. 167(2) cannot be cancelled on merits - On appeal, held: Order of release on bail under proviso to s. 167(2) cannot be called as an order on merits
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