...to judicial custody on 4-8-2018 and hence the mandatory period of 180 days prescribed for filing of final report under Section 167(2) CrPC (excluding the date of remand) was completed on 31-1-2019...provisions and judgments of this Court, the appellant waited for 180 days from the date of remand (excluding the remand day) and thereafter filed application for bail under Section 167(2) CrPC at 10.30.... Thus, if the accused applies for bail under Section 167(2) CrPC read with Section 36-A(4), NDPS Act upon expiry of 180 days or the extended period, as the case may be, the court must release...

...whose jurisdiction the act has been done or where the consequence of such an act has ensued. Further, as per Section 180 CrPC, when an act is an offence because of its relation to any other act which is...referred to Sections 178 and 179 with Section 220 CrPC and has emphasized that in this case, the offences pertaining to Sections 376, 504 and 506 IPC formed the part of same transaction and their...it had not been a case of acquittal in terms of Section 232 CrPC but had been of discharge in terms of Section 227 CrPC.20. While supporting the submissions made on...

...-Section (2) of Section 167 of CrPC enables the Special Court to extend the said period to a total of 180 days on the basis of a report of the Public Prosecutor setting out the progress of the...power under the proviso added to sub-section (2) of Section 167 of CrPC and extends the time up to 180 days, the accused will be entitled to default bail only if the charge sheet is not filed within the...enables the Special Court to extend the period provided in sub-section (2) of Section 167 of CrPC up to 180 days.GENERAL PRINCIPLES GOVERNING DEFAULT BAIL...

.... Therefore, in view of the provisions of Section 167(2) of the Code of Criminal Procedure (“CrPC” - for shortg) as modified by Section 36-A(4) of the Act after expiry of 180 days, the petitioners are liable...of the accused beyond the said period of 180 days. Section 167 CrPC provides the procedure when investigation cannot be completed within 24 hours. In terms of the proviso to sub-Section (2), the...said period of one hundred and eighty days.”A perusal of the said section shows that in respect of offences involving commercial quantity, the references in section 167(2) CrPC...

... would be hit by Section 161 CrPC (Section 180 BNSS). b) That the evidence of PW-3, the first informant is highly unnatural and full of...assaulted is cooked up and unbelievable. The statements of these witnesses under Section 161 CrPC (Section 180 BNSS) were admittedly recorded after more than one and a half month of the incident. The rank... 34 anything other than a statement under Section 161 CrPC (Section 180 BNSS). C. Credibility of the Informant and...

...Section 161 CrPC/Section 180 BNSS, and that the multiplicity of proceedings be curtailed in order to safeguard fundamental rights under Articles 14 and 21 of the Constitution.... Dunda Seoni) ought to be treated as the principal FIR, and all subsequent FIRs ought to be treated as statements under Section 161 CrPC. 4. The learned Government...

.... 7. The applicant's alleged confessional statement under Section 161 CrPC (now Section 180 BNSS) suggests that she strangulated the deceased using a dupatta due to personal reasons linked to her brother's strained matrimonial relationship. 8. Learned counsel for the applicant submitted that: (i) The applicant is innocent and has been falsely implicated; (ii) The statement under Section 161 CrPC is...admissible in evidence, being hit by Section 162 CrPC; (iii) There is no direct evidence or eyewitness linking the applicant to the...302 IPC, the following aspects merit consideration: (i) Firstly, the principal evidence against her is a confessional statement under Section 161 CrPC, which is...

...investigation up to 180 days and then, commit the case to the Court of Sessions as per provisions of Section 209 CrPC, whereas in case the investigation is conducted by the agency under the NIA Act, the...an order dated 13-2-2019, already extended time from 90 days to 180 days under Section 167 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the...any application for extension of the period of investigation or granting bail under Section 167(2) CrPC in default of presentation of challan under Section 45-D(2) of the Unlawful Activities...

...also victim stood firm towards the allegations leveled against applicant in her statement recorded under Section 180 and 183 of CrPC. 5. Pursuant to notice issued vide order dated...has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 75/2025 registered...at Police Station - Bishrampur, District-Sarguja (C.G.) for offence punishable under Section 70(2), 137(2) and 87 of BNS, 2023 and...

...fraudulent transaction. Statements of witnesses recorded under Section 161 CrPC (now Section 180 of the Bharatiya Nagarik Suraksha Sanhita) refer to an incident involving the de-facto complainant and the.... 1.The Inspector of Police, District Crime Branch, Vellore. 2.S.Ravichandran .. Respondents Criminal Original Petition filed under Section 528... ORDER The petitioners have filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the proceedings in C.C.No.6 of...

...direct the court concerned to decide the Misc. Case No. 180 of 2023, under Section 128 CrPC, Police Station Chetganj, District Varanasi pending in the Court of Principal Judge, Family Court, Varanasi...for the applicant that the applicant is the wife of opposite party no.2. In the proceeding under Section 125 CrPC initiated by the present applicant an order was passed against the opposite party no...is at the verge of starvation. It is also submitted that when no amount was paid by the opposite party no.2, the applicant was compelled to move an application under Section 128 CrPC but the same is...

.... . This is the first bail application filed by the applicant- accused under Section 439 of CrPC for grant of bail in connection with Crime No.180/2015 registered at police station Malanpur, District Bhind...Court on the condition that he shall remain present before the court concerned during the trial and shall comply with the conditions enumerated under section 437 (3) of crpc and so also as imposed by...for the offence punishable under Section 34(2) of MP Excise Act. Learned counsel for the applicant- accused submits that the applicant has been falsely...

...drew the Court's attention to the statement of the witness, Makhan, recorded under Section 180 of the BNSS (formerly Section 161 of the CrPC). A plain reading of this statement reveals that the...- GA for the respondent/State. ORDER This appeal under Section 14A(2) of the Scheduled Castes and the Scheduled...rejected the application filed by the appellant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Crime No. 86/2026 registered at Police...

...under Section 167(2), CrPC was completed on 03.06.2021. As such, the right to default bail has accrued to the accused-petitioner immediately after expiry of 180 days. 5. Mr. Baruah...under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Akidul Islam has prayed for his release on bail as he is in custody in connection with Mankachar Police Station...-petitioner will exercise his right to default bail under the proviso to Section 167(2), CrPC by approaching the learned Special Court. In such view of the matter, he has submitted that this application be...

...CrPC. Brief facts of the case are that an FIR No. 180/2012 was lodged at Police Station Vaishali Nagar, Jaipur for the offences mentioned therein, whereupon the...the petitioner(s) on bail. Therefore, this bail application is allowed and it is directed that accused petitioner(s) Jitin Jaims shall be released on bail under Section 439 CrPC in...PRESENT HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr.Ram Manohar Sharma for the petitioner(s) Mr.Rishi Raj Singh PP for the State This bail application has been filed under Section 439...

...PRESENT HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr.Rinesh Gupta for the petitioners Mr.RS Shekhawat PP for the State This bail application has been filed under Section 439 CrPC...Ram Singh son of Bheru Singh, Hemraj Singh son of Bheru Singh and Nepal Singh son of Ram Singh shall be released on 2bail under Section 439 CrPC in connection with aforesaid FIR provided each of them.... Brief facts of the case are that an FIR No.180/2015 was lodged at Police Station Dug,Sikar for the offence under Sections 341,323,307 and 34 IPC...

.... Section 43D(2)(b) of the UAPA empowers the competent court to extend the period of 90 days as contemplated under Section 167 of the CrPC up to 180 days.(g) On 07.09.2019.... What is contemplated under Section 167(2) of the CrPC is that the Magistrate or designated Court (as the case may be) has no powers to order detention of the accused beyond the period of 180 days or 90...agency which forms the part of the final report under Section 173 of the CrPC. The investigating agency gets full 180 days to complete the investigation. To say that obtaining of sanction and placing the...

...general law and set aside the conviction entered by the Magistrate of the First Class. The Court relied on Section 5 CrPC, 1898, from which Section 5 CrPC, 1973 is borrowed: (AIR p. 180, para 4...concluded only on the delivery of judgment. Up to that stage, the prosecution can always be withdrawn subject to such limitations as are prescribed in Section 321 CrPC. … A plea made to the Public...is for the Special Court trying the cases to decide whether the plea of the Public Prosecutor to withdraw the prosecution, if made, is acceptable or not. … It is only Section 321 CrPC, which is...

...the trial, looking to the facts of this 2case, I am of the view that the petitioner deserves to be enlarged on bail. Accordingly, bail application under section 439 CrPC is allowed. It is ordered that...petitioner Pappu may be released on bail in FIR No.180/2014, registered with Police Station Lamba Harisingh, Tonk, provided he/she furnishes a personal bond in the sum of Rs.40,000/- together with one...

...to try the said offence. It was noted that the offence under Section 468/471 of the IPC could not be said to be related to offence under Sections 498A/406 of the IPC in terms of Section 180 of the CrPC. Consequently...Station Kalkaji would not be competent to take cognizance of the offence of forgery committed at the Tis Hazari Court by virtue of Section 180 of the CrPC. 11. It was noted...the jurisdiction of Tis Hazari Courts. Without commenting on the issue of whether the Court had territorial jurisdiction or whether the same fell under Section 180 of the CrPC or not, it is pertinent...