Lawstreet Journal

Delhi High Court issues directions to ensure that custody of an under trial prisoner is not extended mechanically

Lawstreet Journal 8 Nov 2021 6:23pm

Image courtesy: Lawstreet Journal Judiciary Delhi High Court issues directions to ensure that custody of an under trial prisoner is not extended mechanically

The Delhi High Court recently issued directions to ensure that the custody of an undertrial is not extended mechanically in view of sec. 167 (2) of Cr.P.C. and also to ensure that the rights of undertrial prisoners to seek default bail are not defeated despite legislative mandate and the principles of law.

Brief facts:

The instant petition was filed under Section 482 Code of Criminal Procedure, 1973 (Cr.P.C.) on behalf of the petitioner assailing the order passed by the learned Addl. Sessions Judge Central District, Tis Hazari Courts, Delhi in a Criminal Revision arising out of an FIR registered under Sections 304B/498A/406/34 of the Indian Penal Code, 1860 (IPC). 

The petitioner’s revision petition, challenging the dismissal of his application seeking default bail under Section 167(2) Cr.P.C. by the learned Metropolitan Magistrate, was dismissed.

Reasoning and Decision of the Court: 

The Hon’ble Delhi High Court held that the custody of an undertrial is not extended mechanically in view of sec. 167(2) of Cr.P.C. and also to ensure that the rights of undertrial prisoners to seek default bail are not defeated despite legislative mandate and the principles of law. 

While reiterating the provisions of Section Section 167(2) Cr.P.C., the Court observed that a plain reading of the provision would show that once the maximum period provided for an investigation prescribed under the first proviso (a) to Section 167(2) Cr.P.C. is over and no charge sheet is filed, the accused becomes entitled to be released on bail, more appropriately called the ‘default bail’.… Continue Reading...


Tagged: Delhi High Court  
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