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    <title>2013 (2) TMI 821 - Supreme Court</title>
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    <description>Default bail under Section 167(2) CrPC arises only when investigation is not completed and the charge-sheet is not filed within the prescribed time; once the charge-sheet is filed in time, the right to statutory bail does not survive. The absence of sanction for prosecution, and the fact that cognizance has not yet been taken, do not revive that right. The Code also permits continuity of custody between investigation and trial stages: remand under Section 167 remains effective after filing of the charge-sheet, and Section 309 becomes relevant only after cognizance. Accordingly, the accused was not entitled to release on default bail, and the remand orders and custody remained lawful.</description>
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    <pubDate>Wed, 13 Feb 2013 00:00:00 +0530</pubDate>
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      <title>2013 (2) TMI 821 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=194650</link>
      <description>Default bail under Section 167(2) CrPC arises only when investigation is not completed and the charge-sheet is not filed within the prescribed time; once the charge-sheet is filed in time, the right to statutory bail does not survive. The absence of sanction for prosecution, and the fact that cognizance has not yet been taken, do not revive that right. The Code also permits continuity of custody between investigation and trial stages: remand under Section 167 remains effective after filing of the charge-sheet, and Section 309 becomes relevant only after cognizance. Accordingly, the accused was not entitled to release on default bail, and the remand orders and custody remained lawful.</description>
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      <pubDate>Wed, 13 Feb 2013 00:00:00 +0530</pubDate>
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