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Supreme Court of India 2018-01-31 dismissed

Rambeer Shokeen vs State of NCT of Delhi

Bench: 3 — A.M. Khanwilkar

In Brief

A man arrested in a case involving organized crime and illegal arms sought statutory bail under criminal procedure law after the statutory 90-day period for filing formal charges had passed. However, the prosecution had applied for extra time to file charges before the deadline expired, and this application was still pending when the accused sought bail. The Supreme Court held that the accused cannot claim automatic bail rights when the prosecution's extension application remains undecided. Only if the court formally rejects the extension request can bail automatically follow. Since a charge-sheet was eventually filed before the extension request was formally rejected, the accused's bail claim failed.

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Criminal Procedure Bail Statutory Bail MCOCA Organized Crime

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