Supreme Court · 2014 INSC 425 · Decided 30 June 2014

Union of India Through Cbi v. Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav

Court
Supreme Court of India
Citation
2014 INSC 425 · [2014] 6 S.C.R. 148
Case number
CRIMINAL APPEAL No. 786/2010
Decided
30 June 2014
Bench
DIPAK MISRA, N.V. RAMANA (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302, 304, 353, 323, 149, 148, 147; CrPC Section 167(2), 167; Arms Act Section 27

Headnote

Code of Criminal Procedure, 1973 - s. 167(2) - Non c filing of charge-sheet within the statutory period of 90 days of arrest - Application u/s 167(2) for release on bail by accused ~ Subsequent application by CBI seeking extension of time - Court not adverting to the application filed of bail, rather asking defence to file rejoinder to 0 application for extension - Thereafter, filing charge-sheet and rejection of application for grant of bail by the court - High Court releasing the accused on baf/ holding that right had already accrued to the respondent when he moved the

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