Supreme Court · 2001 INSC 184 · Decided 29 March 2001
Uday Mohanlal Acharya v. State of Maharasiitra
- Court
- Supreme Court of India
- Citation
- 2001 INSC 184 · [2001] 2 S.C.R. 878
- Case number
- CRIMINAL APPEAL No. 394/2001
- Decided
- 29 March 2001
- Bench
- G.B. PATTANAIK, U.C. BANERJEE, B.N. AGRAWAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 406, 420, 3; CrPC Section 167(2), 167; Constitution Article 21, 22(2)
Headnote
Code of Criminal Procedure, 1973 : ...,.. Section 167(2), Proviso-Detention of an accused-Maximum period- c Prescription of-Challan not filed within the stipulated time-Consequence of-Held, an indefeasible right to be released on bail accrues to the accused- Such indefeasible right not surviving not availed of-Expression 'if already not availed of- Meaning of-Held, an accused can be said to have availed of his indefeasible right if he is prepared to and furnish the bail, as directed by the Magistrate- D Filing of challan aJ this stage will not take away the indefeasible right of the
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