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Supreme Court of India 2023-04-10 dismissed

Qamar Ghani Usmani vs The State of Gujarat

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

An accused arrested on 29 January 2022 sought default bail under Section 167(2) of the Criminal Procedure Code on the ground that the first extension of the investigation period was granted in his absence. The Supreme Court dismissed the appeal, holding that despite the first extension being granted without the accused being present, the accused was informed the next day and failed to challenge it before filing the bail application. The Court found that once extensions are subsisting and the accused fails to promptly challenge them, the accused cannot later claim an indefeasible right to default bail, especially when the chargesheet is filed within the extended period.

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Criminal Procedure Default Bail Statutory Bail Bail and Custody Investigation Criminal Appellate Jurisdiction

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