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True Colors of a Vile Wife

Tag: 2-Judge (Division) Bench Decision

R.Shaji Vs State of Kerala on 4 Feb 2013

Posted on April 17, 2021 by ShadesOfKnife

Lot of legal points explained with respect to the statements given by witnesses in Court in this landmark decision by a Division bench of Apex Court.

From Para 13,

13. Clause (iv) of Section 207 Cr.P.C. clearly provides that any statement recorded under Section 164 Cr.P.C., shall be made available to the accused along with all the other documents that have been filed along with the charge sheet.

From Para 14,

14. Evidence given in a court under oath has great sanctity, which is why the same is called substantive evidence. Statements under Section 161 Cr.P.C. can be used only for the purpose of contradiction and statements under Section 164 Cr.P.C. can be used for both corroboration and contradiction. In a case where the magistrate has to perform the duty of recording a statement under Section 164 Cr.P.C., he is under an obligation to elicit all information which the witness wishes to disclose, as a witness who may be an illiterate, rustic villager may not be aware of the purpose for which he has been brought, and what he must disclose in his statements under Section 164 Cr.P.C. Hence, the magistrate should ask the witness explanatory questions and obtain all possible information in relation to the said case.

From Para 15,

15. So far as the statement of witnesses recorded under Section 164 is concerned, the object is two fold; in the first place, to deter the witness from changing his stand by denying the contents of his previously recorded statement, and secondly, to tide over immunity from prosecution by the witness under Section 164. A proposition to the effect that if a statement of a witness is recorded under Section 164, his evidence in Court should be discarded, is not at all warranted.

From Para 16,

16. Section 157 of the Evidence Act makes it clear that a statement recorded under Section 164 Cr.P.C., can be relied upon for the purpose of corroborating statements made by witnesses in the Committal Court or even to contradict the same. As the defence had no opportunity to cross-examine the witnesses whose statements are recorded under Section 164 Cr.P.C., such statements cannot be treated as substantive evidence.

During the investigation, the Police Officer may sometimes feel that it is expedient to record the statement of a witness under Section 164 Cr.P.C. This usually happens when the witnesses to a crime are clearly connected to the accused, or where the accused is very influential, owing to which the witnesses may be influenced.

R.Shaji Vs State of Kerala on 4 Feb 2013

Citations : [2013 AIR SC 651], [2013 ALD CRI 2 153], [2013 CRIMES SC 1 217], [2013 JLJR 1 499], [2013 JT SC 2 447], [2013 KLJ 1 620], [2013 KERLT 1 493], [2013 PLJR 2 145], [2013 SCALE 2 186], [2013 SCC 14 266], [2013 SCR 3 1172], [2013 UC 1 673], [2014 SCC CRI 4 185], [2013 SCC ONLINE SC 114], [2013 SLT 1 705], [2013 SUPREME 1 545], [2013 AIOL 72], [2013 AIR SC 1095], [2013 CCR 1 494], [2013 KCCR SN 3 220], [2013 RAJ 1 435], [2013 RCR CRIMINAL SC 1 964], [2013 AIR SCW 1095], [2013 ALLMR CRI SC 1469]

Other Sources :

https://indiankanoon.org/doc/178895486/

https://www.casemine.com/judgement/in/5609af40e4b0149711415f37

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Evidence Act 134 - Number of witnesses Evidence Act Sec 157 - Former statements of witness may be proved to corroborate later testimony as to same fact Legal Procedure Explained - Interpretation of Statutes R.Shaji Vs State of Kerala Reportable Judgement or Order Statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only but NOT as Substantive Evidence | Leave a comment

Rajesh R. Nair Vs Meera Babu on 5 Mar 2013

Posted on April 13, 2021 by ShadesOfKnife

A Division bench of Kerala High Court held that, a wife who is living separately by mutual consent, is not entitled to receive maintenance or Interim maintenance.

From Para 10,

Now, the question arises for consideration is whether the respondent is entitled to receive maintenance or interim maintenance from the petitioner after they have been living separately by mutual consent i.e., from 30.4.2011 onwards.

Going by the above sub-section, no wife is entitled to receive maintenance from her husband if they are living separately by mutual consent. Here, the petitioner and the respondent have been living separately since 30.4.2011. Therefore, Exts.P1 and P2 claims for maintenance and interim maintenance respectively filed by the respondent are hit by sub-section (4) of Section 125 of Cr.P.C. In other words, Exts.P1 and P2 claims are not maintainable. Hence, Ext.P11 common order passed by the Family Court is liable to be set aside. Ext.P1 claim for maintenance is liable to be quashed.

Rajesh R. Nair Vs Meera Babu on 5 Mar 2013

Citations : [2013 SCC ONLINE KER 24120], [2013 CRI LJ 3153], [2013 AIC 125 705], [2013 KLT 1 899], [2014 RCR CRI 1 411], [2014 CCC 1 99]

Other Sources:

https://www.casemine.com/judgement/in/5ac5e4694a93261aa7929df4

https://www.legitquest.com/case/rajesh-r-nair-v-meera-babu/197C65

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife Legal Procedure Explained - Interpretation of Statutes Rajesh R. Nair Vs Meera Babu Reportable Judgement or Order | Leave a comment

Bhima Razu Prasad Vs State of Tamil Nadu on 12 Mar 2021

Posted on April 6, 2021 by ShadesOfKnife

Referring to a catena of case laws, Division bench of SC said the following:

From Para 5,

It is well settled that Section 195(1)(b) creates a bar against taking cognizance of offences against the administration of justice for the purpose of guarding against baseless or vindictive prosecutions by private parties. The provisions of this Section imply that the Court is the only appropriate authority which is entitled to raise grievance in relation to perjury, forgery of documents produced before the Court, and other offences which interfere with the effective dispensation of justice by the Court. Hence, it for the Court to exercise its discretion and consider the suitability of making a complaint for such offences. However, there is a pertinent difference in the wording of Section 195(1)(b) (i) and Section 195(1)(b)(ii) inasmuch as Section 195(1)(b)(ii) is restricted to offences which are committed in respect of a document which is “produced or given in evidence in a proceeding in any court”. Whereas Section 195(1)(b)(i) applies to offences against public justice which are committed not only in any proceeding in any court, but also “in relation to” such proceeding. Whether such semantical difference bars the analogous application of precedents relating to Section 195(1)(b)(ii) for interpreting Section 195(1)(b)(i) will be discussed by us later.

From Para 8,

Curiously, though the facts of Iqbal Singh Marwah also required a determination as to the applicability of Section 195(1)(b)(i), the Constitution Bench did not express any specific finding on this point. This was perhaps because the limited point for consideration before the Bench was the apparent conflict between Sachida Nand Singh and Surjit Singh (supra). However, it can nevertheless be seen that the Constitution Bench did not interpret Section 195(1)(b)(ii) in isolation, but linked its construction with the overall scheme under Sections 195(1)(b) and 340, CrPC. The Court reiterated the test laid down in Sachida Nand Singh, i.e., that the offence in respect of which only the Court can make a complaint must be one which has a direct correlation to, or a direct impact on, proceedings before a court of justice. It is for this reason that only the relevant Court is vested with the right to consider the desirability of complaining against the guilty party.

From Para 17 (Very important)

17. It is possible that Courts may be more proactive in making complaints under Section 195(1)(b)(i), CrPC upon application made by the concerned investigative agencies, than in those preferred by private parties. The former being public authorities would enjoy more credence in seeking inquiry into their claims.Therefore, the aforementioned reasons assigned by the Constitution Bench in Iqbal Singh Marwah for adopting a narrow construction of Section 195(1)(b)(ii), CrPC may not be strictly applicable in the present case. However, the general principles of statutory interpretation laid down by the Constitution Bench should not be disregarded. This is especially given that the Court did not consider Section 195(1)(b)(ii) separately but provided a holistic view of the scheme under Section 195(1)(b).
17.1 Just like a private party who has been a victim of forgery committed outside the precincts of the Court, the investigative agency should not be left remediless against persons who have producing false evidence for the purpose of interfering with the investigation process. Moreover, the present case concerns offences alleged to have been committed under the PC Act. Public interest and the reputation of the State will suffer significant harm if corrupt public servants are facilitated by third parties in hiding their assets from scrutiny. Hence any interpretation which negates against the speedy and effective trial of such persons must be avoided.
17.2 The application of the bar under Section 195(1)(b)(i), CrPC to situations such as the present case can lead to two scenarios. The first is one in which the investigative agency, on the basis of false/fabricated material drops the case. Subsequently, it is brought to their notice that the evidence was falsified. Second, the investigative agency at that very stage suspects that the material produced before them is bogus or forged in nature. In both scenarios, the Court has not had an opportunity to consider the allegedly fabricated evidence, as trial has not yet commenced in respect of the offence. Hence it would not be possible for the Court to independently ascertain the need for lodging a complaint under Section 195(1)(b)(i) read with Section 340, CrPC when the evidence alleged to have been falsified is not even present on its records. Rather, it is the investigating agency which is best placed to verify and prove whether such falsification has taken place, through what means and for what purpose.
17.3 In case the bar under Section 195(1)(b)(i) is applied to offences committed during the course of investigation, the Court may think it fit to wait till the completion of trial to evaluate whether a complaint should be made or not. Subsequently, the Court may be of the opinion that in the larger scheme of things the alleged fabrication of evidence during investigation has not had any material impact on the trial, and decline to initiate prosecution for the same. The investigation agency cannot be compelled to take a chance and wait for the trial court to form its opinion in each and every case. This may give the offender under Section 193, IPC sufficient time to fabricate more falsehoods to hide the original crime. Further, irrespective of the potential impact that such false evidence may have on the opinion formed by the trial court, the investigating agency has a separate right to proceed against the accused for attempting to obstruct fair and transparent probe into a criminal offence. Thus, we are of the view that it would be impracticable to insist upon lodging of written complaint by the Court under Section 195(1)(b)(i), CrPC in such a situation.

Bhima Razu Prasad Vs State of Tamil Nadu on 12 Mar 2021
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bhima Razu Prasad Vs State of Tamil Nadu Iqbal Singh Marwah and Anr vs Meenakshi Marwah and Anr Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

S.Ramesh Vs MS.Cethar Ltd on 12 Jan 2016

Posted on April 4, 2021 by ShadesOfKnife

Even though this is not a matrimonial case, the following is nice statement made by the Division bench of Madurai bench of Madras High Court.

From Para 17,

….

It is needless to point out that a person who enjoyed the benefit of an interim order, is liable to compensate the other party, when the main case is decided against him.

….

S.Ramesh Vs MS.Cethar Ltd on 12 Jan 2016

Citations :

Other Sources :

https://indiankanoon.org/doc/110371360/

https://www.casemine.com/judgement/in/5728e0d6e561092708a3c705

Posted in High Court of Madras Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision PWDV Act - Refund of Maintenance | Leave a comment

Bhagya and Ors Vs Jayalakshmi and Ors on 13 Feb 2019

Posted on April 3, 2021 by ShadesOfKnife

The Division Bench clarified the legal position on obtaining NOC from an advocate before engaging the services of another advocate while perusing an earlier case law here.

Memo for withdrawal of the appeal is filed on 31-1-2019 signed by the three appellants. The memo filed by the new counsel does not have a ‘No Objection Certificate’ from the earlier counsel. On questioning, he places reliance on the Judgment of this Court passed in MFA No.6526 of 2013 on 2-12-2016 (KARNATAKA POWER TRANSMISSION CORPORATION LIMITED., vs. M.RAJASHEKAR AND OTHERS) and submits that it is not necessary to obtain a No Objection Certificate to file a vakalath. We are unable to accept the submission. Reliance placed by the counsel on para-8 of the Judgment is misconceived. The Division Bench held therein that ‘No Objection Certificate’ is not required only in a situation where the Advocate is discharged by his client in a manner known to law, only then a new counsel can enter vakalath without a ‘No Objection Certificate’. When the earlier counsel still holds a valid vakalath, the question of a new Advocate entering the case cannot be accepted. Therefore, the counsel has misread the aforesaid Judgment.


Bhagya and Ors Vs Jayalakshmi and Ors on 13 Feb 2019

Citations : [2019 SCC ONLINE KAR 1974], [2019 KCCR 2 1453], [2019 AIR KAR 133], [2019 AIR KANT R 3 50], [2019 ICC 4 31]

Other Sources :

https://indiankanoon.org/doc/26814810/

https://www.casemine.com/judgement/in/5c8d0f119eff430a1ad75a63

https://www.lawyerservices.in/Bhagya-andamp-Others-Versus-Jayalakshmi-andamp-Others-2019-02-13


Other Judgements on this subject here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bhagya and Ors Vs Jayalakshmi and Ors Legal Procedure Explained - Interpretation of Statutes Need 'No Objection Certificate (NOC)' From Advocate Before Engaging new Advocate Reportable Judgement or Order | Leave a comment

Sarita Gosawi Vs Bharat Gosawi on 05 Mar 2021

Posted on April 2, 2021 by ShadesOfKnife

There was mental cruelty done to husband and the High Court nailed the point straight.

From Paras 18 and 19,

18. Keeping in mind the aforesaid guiding parameters, now we proceed to examine the evidence on record. Apart from the allegations and counter allegations by the parties against each other with regard to their mutual misbehavior, the crucial point on which the respondent/ husband sought decree of divorce, and which according to him is the reason for his mental sufferings and anguishes, is the suspicious and skeptical nature of the appellant/ wife, as she used to have a doubt on his character. She was doubting his relations with one lady employee from his office. It is his case that the appellant/ wife used to visit his office and used to create scenes. She used to abuse him in filthy language on his character and used to humiliate him in front of their adolescent daughters.

19. The respondent/ husband, in his pleadings and evidence, further stated that he had purchased one plot of land and constructed a house thereon on loan and at present, the same is in possession of the appellant/ wife. He is paying installments for the repayment of the loan for house from his
salary account. To pacify her, he even transferred his house in her name. He has stated that fed-up with her acrimonious behaviour, he had to lodge reports at police station, and there were counselling before the Women Cell, and in consequence thereof, she resumed cohabitation. Lastly, he said, he had no option but to leave the house and to reside in a rented house.

20. A perusal of the written statements of the appellant/ wife would reflect that she has not denied, even by way of simple denial, about the contents in para 3 of the divorce petition of the respondent/ husband which are with regard to the suspicious nature of the appellant/ wife, doubting his character, abusing in a filthy language and visiting his office and creating scenes etc.

Crucial Paras 22 and 25,

22. In the instant case, admittedly, there are no positive allegations with regard to the character of the respondent/ husband in the written statement of the appellant/ wife. However, maintaining silence in her written statement and not countering the case of cruelty of the respondent/ husband on this ground, coupled with the fact that there were specific suggestions in the cross-examination of the respondent/ husband by taking the name of the alleged lady, in the opinion of this Court, is nothing but the unfounded allegation on the character of the husband as held in the above cited case.

25. A collective reading of his cross-examination, it appears, it is more focused on the maintenance part and less on the allegations of mental cruelty as alleged by the respondent/ husband. So the material allegations, with regard to mental cruelty as pleaded by the respondent/ husband, have neither be denied in the written statement of the appellant/ wife nor have they been sufficiently countered during his cross examination. As per law, the facts, which are not denied, are deemed to have been admitted. As per Order 8 Rule 5 of the Code of Civil Procedure, 1908, the facts which are not denied specifically are deemed to have been admitted, and simple denial is no denial. In the instant case, there is no denial at all.

Law involved,

26. The effect of non cross-examination of a witness was discussed by the Hon’ble Apex Court in the case of Muddasani Venkata Narsaiah (Dead) Through Legal Representatives Vs. Muddasani Sarojana, reported in (2016) 12 SCC 288, wherein Their Lordships have held that the cross-examination is a matter of substance not of procedure one isrequired to put one’s own version in cross-examination of opponent. It is further observed that the effect of non-cross examination is that the statement of witness has not been disputed. In the said judgment, the Hon’ble Apex Court relied on the judgment in the case of Maroti Bansi Teli Vs. Radhabai, reported in AIR 1945 Nag 60, wherein it has been laid down that the matters sworn to by one party in the pleadings notchallenged either in pleadings or cross-examination by other party must be accepted as fully established.

Closure:

31. As rightly pointed out by the learned counsel for the respondent/ husband the case of Vijaykumar Bhate (supra) wherein, the Hon’ble Apex Court took the view that the false and malicious allegations against the character of a spouse is a ground for dissolving the marriage on account of causing mental cruelty.
32. Furthermore, the appellant/ wife could not prove her allegations with regard to demand of dowry and ill-treatment. On the contrary, it is borne out from the record that the respondent/ husband himself had to leave from his own house fed-up with her mis-behaviour.

Sarita Gosawi Vs Bharat Gosawi on 05 Mar 2021
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Divorce Granted on Cruelty ground HM Act - Mental Cruelty Proved HM Act Sec 13 - Divorce Granted to Husband Legal Procedure Explained - Interpretation of Statutes Sarita Gosawi Vs Bharat Gosawi | Leave a comment

Aparna Bhat and Ors Vs State of Madhya Pradesh and Anr on 18 Mar 2021

Posted on March 23, 2021 by ShadesOfKnife

A 2-judge bench of Supreme Court passed the following directions in regards to bail proceedings in sexual offences (only applicable to women survivors).

From Para 45 and 46,

44. Having regard to the foregoing discussion, it is hereby directed that henceforth:
(a) Bail conditions should not mandate, require or permit contact between the accused and the victim. Such conditions should seek to protect the complainant from any further harassment by the accused;
(b) Where circumstances exist for the court to believe that there might be a potential threat of harassment of the victim, or upon apprehension expressed, after calling for reports from the police, the nature of protection shall be separately considered and appropriate order made, in addition to a direction to the accused not to make any contact with the victim;
(c) In all cases where bail is granted, the complainant should immediately be informed that the accused has been granted bail and copy of the bail order made over to him/her within two days;
(d) Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society, and must strictly be in accordance with the requirements of the Cr. PC. In other words, discussion about the dress, behavior, or past “conduct” or “morals” of the prosecutrix, should not enter the verdict granting bail;
(e) The courts while adjudicating cases involving gender related crimes, should not suggest or entertain any notions (or encourage any steps) towards compromises between the prosecutrix and the accused to get married, suggest or mandate mediation between the accused and the survivor, or any form of compromise as it is beyond their powers and jurisdiction;
(f) Sensitivity should be displayed at all times by judges, who should ensure that there is no traumatization of the prosecutrix, during the proceedings, or anything said during the arguments, and
(g) Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.
45. Further, courts should desist from expressing any stereotype opinion, in words spoken during proceedings, or in the course of a judicial order, to the effect that (i) women are physically weak and need protection; (ii) women are incapable of or cannot take decisions on their own; (iii) men are the “head” of the household and should take all the decisions relating to family; (iv) women should be submissive and obedient according to our culture; (v) “good” women are sexually chaste; (vi) motherhood is the duty and role of every woman, and assumptions to the effect that she wants to be a mother; (vii) women should be the ones in charge of their children, their upbringing and care; (viii) being alone at night or wearing certain clothes make women responsible for being attacked; (ix) a woman consuming alcohol, smoking, etc. may justify unwelcome advances by men or “has asked for it”; (x) women are emotional and often overreact or dramatize events, hence it is necessary to corroborate their testimony; (xi) testimonial evidence provided by women who are sexually active may be suspected when assessing “consent” in sexual offence cases; and (xii) lack of evidence of physical harm in sexual offence case leads to an inference of consent by the woman.

 

Aparna Bhat and Ors Vs State of Madhya Pradesh and Anr on 18 Mar 2021

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Aparna Bhat and Ors Vs State of Madhya Pradesh and Anr CrPC 437 - When bail may be taken in case of Non-Bailable Offence CrPC 438 - Anticipatory Bail Issued or Recommended Guidelines or Directions or Protocols to be followed Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Tarlochan Dev Sharma Vs State of Punjab and Ors on 25 July 2001

Posted on March 22, 2021 by ShadesOfKnife

(The popular meaning also must not be resorted to)

Tarlochan Dev Sharma Vs State of Punjab and Ors on 25 July, 2001

Citations : [2001 AIR SC 2524], [2001 JT SC 5 645], [2002 LW 1 19], [2001 SCALE 4 472], [2001 SCC 6 260], [2001 SCR 3 1146], [2001 AIR SC 2689], [2001 AIR SCW 2689], [2001 JT 5 645]

Other Sources :

https://indiankanoon.org/doc/1389589/

https://www.casemine.com/judgement/in/5609ada0e4b0149711411e78

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Legal Procedure Explained - Interpretation of Statutes PIL - Dowry Givers should be Prosecuted Reportable Judgement or Order Tarlochan Dev Sharma Vs State of Punjab and Ors | Leave a comment

Paramjit Kumar Saroya Vs Union of India and Anr on 28 May 2014

Posted on March 21, 2021 by ShadesOfKnife

Sitting on a Division bench of Punjab and Haryana High Court, Justice Sanjay Kishan Kaul held that, Appeals under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 can be filed by any of the affected parties.

We may add at this stage that in order to have assistance to this Court in view of the complexity in the matter involved, we considered it appropriate not only for the counsels to assist us, but to appoint Amicus Curiae to have dispassionate view of the matter. We, thus, appointed Mr. Puneet Bali, Senior Advocate as the Amicus Curiae to be assisted by Ms. Divya Sharma, Advocate. They have done a comprehensive research on various aspects of the matter and this includes the Parliamentary debates when the Bill for enactment of the said Act was introduced. A perusal of these debates reflect that therehas been no debate qua Section 16(1) of the said Act, nor has any intent been reflected to exclude the right of appeal to persons other than thesenior citizens or parents, unlike the debate on Section 17 of the said Act where the right of legal representation has been excluded.

And here is the conclusion.

We are thus of the view that Section 16(1) of the said Act is valid, but must be read to provide for the right of appeal to any of the affected parties.

Paramjit Kumar Saroya Vs Union of India and Anr on 28 May 2014

Citations : [2014 AIR P&H 121], [2014 SCC ONLINE P&H 10864]

Other Sources :

https://indiankanoon.org/doc/156882703/

https://www.casemine.com/judgement/in/5609a051e4b01497113e6023

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Legal Procedure Explained - Interpretation of Statutes Maintenance and Welfare of Parents and Senior Citizens Act 2007 MWPSC Act 2007 Sec 16 - Appeals Paramjit Kumar Saroya Vs Union of India and Anr PIL - Dowry Givers should be Prosecuted Reportable Judgement or Order | Leave a comment

Fakhrey Alam Vs State of Uttar Pradesh on 15 Mar 2021

Posted on March 18, 2021 by ShadesOfKnife

A Division bench of Supreme Court in this Order held as follows in regards to Default bail u/s 167 CrPC,

On the second aspect we cannot lose sight of the fact that what was envisaged by the Legislature was that the investigation should be completed in 24 hours but practically that was never found feasible. It is in these circumstances that Section 167 of the Cr.P.C. provided for time period within which the investigation should be completed, depending upon the nature of offences. Since, liberty is a Constitutional right, time periods were specified in the default of which the accused will have a right to default bail, a valuable right.
If we look at the scenario in the present case in that conspectus, the charge sheet under the provisions of law as originally filed on 04.09.2017 were required to be filed within 90 days but was actually filed within 180 days. This was on the premise of the charge under Section 18 of the UAPA Act. However, no charge sheet was filed even within 180 days under the UAPA Act, but post filing of the application for default bail, it was filed after 211 days. Thus, undoubtedly the period of 180 days to file the charge sheet qua UAPA Act had elapsed. We do not think that the State can take advantage of the fact that in one case there is one charge sheet and supplementary charge sheets are used to extend the time period in this manner by seeking to file the supplementary charge sheet qua the offences under the UAPA Act even beyond the period specified under Section 167 of the Cr.P.C beyond which default bail will be admissible, i.e, the period of 180 days. That period having expired and the charge sheet not having been filed qua those offences (albeit a supplementary charge sheet), we are of the view the appellant would be entitled to default bail in the aforesaid facts and circumstances.
We need only emphasize what is already observed in Bikramjit Singh case (supra) that default bail under first proviso of Section 167(2) of the Cr.P.C. is a fundamental right and not merely a statutory right as it is, a procedure established by law under Article 21 of the Constitution. Thus a fundamental right is granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) of the Cr.P.C. are fulfilled.
In fact in the majority judgment of this Court it has been held that an oral application for grant of default bail would suffice [See. Rakesh Kumar Paul vs. State of Assam]3. The consequences of the UAPA Act are drastic in punishment and in that context, it has been held not to be a mere statutory right but part of the procedure established by law under Article 21 of the Constitution of India.

Fakhrey Alam Vs State of Uttar Pradesh on 15 Mar 2021

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to CrPC 167 - Default Bail Fakhrey Alam Vs State of Uttar Pradesh Reportable Judgement or Order | Leave a comment

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ఏలూరు రైల్వే స్టేషన్ ప్రారంభానికి ముందు నాకు ఏదైతే 3D ఫోటోలు చూపించి ఎయిర్పోర్ట్ లాగా వస్తుందని చెప్పారో అదే విధంగా నాకు రైల్వే స్టేషన్ మారాలి మీరు తుతూ మాత్రంగా చేసి చేతులు దులుపుకుంటామంటే నేనే విజిలెన్స్ ఎంక్వయిరీ వేయిస్తాను - ఏలూరు ఎంపీ 🔥

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Recent Posts

  • Ravi S Vs Sahana Devi A and Ors on 18 Jun 2026 June 29, 2026
  • Is Bigamy (under sections 494, 495 IPC and now Section 82 BNS) a Cognizable and non-bailable offence, as much as it applies to State of Andhra Pradesh? June 27, 2026
  • Advocates Act 1961 Section 18 – Transfer of name from one State roll to another June 27, 2026
  • Are BCI and State Bar Councils Statutorily empowered to Levy Fees for Transfer of Enrollment? June 27, 2026
  • Petition Prayers Are Not Final Outcomes – Understanding Legal Strategy Before Making Decisions June 27, 2026

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  • Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 (1,564 views)

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  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
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