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Supreme Court and High Courts judgments on Default bail

35 judgments, latest first, from 2018 to 2026. A judgment is listed here when its headnote names this subject: the Supreme Court Reports' own headnote (naming the subject), or an AI-written headnote that was reviewed and approved. A mention in the full text alone does not count.

Shaurya Sunil Kumar Singh vs Central Bureau of Investigation
SC · 1 July 2026
[2026] 7 S.C.R. 538 : 2026 INSC 666
Whether the filing of charge-sheet without additional copies as required by s.193(8) of the BNSS would entitle the appellant for the benefit of default bail.
State (NCT) of Delhi vs Rajeev Sharma
SC · 3 April 2025
[2025] 4 S.C.R. 617 : 2025 INSC 456
Issue arose whether the term imprisonment for a term “not less than 10 years” in clause (i) of the proviso (a) to s.167(2) Cr.P.C would include an offence where the punishment of 14 years of imprisonment is prescribed, b…
Sunil Vitthal Wagh vs The State Of Maharashtra
Bombay HC · 19 December 2024
The Division Bench of the Bombay High Court was constituted pursuant to a referral order passed by a Single Judge (N.J. Jamadar, J.) under Rule 8 of Chapter I of the Bombay High Court (Appellate Side) Rules, 1960, to res…
Sunil Vitthal Wagh vs The State Of Maharashtra
Bombay HC · 19 December 2024
The Division Bench was constituted pursuant to a referral order passed by a Single Judge (N.J. Jamadar, J.) under Rule 8 of Chapter I of the Bombay High Court (Appellate Side) Rules, 1960, to resolve a conflict between t…
Dheeraj Wadhawan vs CBI
Delhi HC · 9 September 2024
The petitioner, Dheeraj Wadhawan, a promoter of M/s Dewan Housing Finance Corporation Limited (DHFL), filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 read with Section 482 thereof, seek…
Central Bureau of Investigation vs Kapil Wadhawan & Anr.
SC · 24 January 2024
[2024] 1 S.C.R. 677 : 2024 INSC 58
Whether the respondents were entitled to the benefit of the statutory right conferred under the proviso to s.167(2), Cr.P.C, on the ground that the investigation qua some of the accused named in the FIR was pending, thou…
Case Details State of NCT of Delhi vs Raj Kumar @ Lovepreet @Lovely
SC · 3 January 2024
[2024] 1 S.C.R. 73 : 2024 INSC 11
The High Court granted default bail to the respondent u/s. 167(2) of the Code of Criminal Procedure, 1973. Whether the High Court committed an error in allowing the petition and granting default bail to the respondent.
Case Details Central Bureau of Investigation vs Narottam Dhakad & Anr.
SC · 25 August 2023
[2023] 14 S.C.R. 306 : 2023 INSC 770
In cases relating to offences arising out of the Vyapam Scam, respondents-accused filed applications seeking direction to supply a Hindi translation of the charge sheet filed by the appellant in English language. Rejecte…
V. Senthil Balaji vs The State Represented by Deputy Director and Ors.
SC · 7 August 2023
[2023] 12 S.C.R. 853 : 2023 INSC 677
Issues for consideration: (i) When an arrestee is forwarded to the jurisdictional Magistrate under Section 19(3) of the Prevention of Money Laundering Act, 2002, whether writ of Habeus Corpus would lie; (ii) Whether s.41…
Atulbhai Vithalbhai Bhanderi vs State of Gujarat
SC · 4 May 2023
[2023] 4 S.C.R. 239 : 2023 INSC 496
Bail : Grant of – Appellant involved in intimidating and threatening the victim in connivance with the main accused no.1 running an organised crime syndicate for extorting money and landgrabbing by threatening people – 5…
Judgebir Singh @ Jasbir Singh Samra @ Jasbir & Ors. vs National Investigation Agency
SC · 1 May 2023
[2023] 6 S.C.R. 1 : 2023 INSC 472
Code of Criminal Procedure, 1973: ss. 167(2), 173 – Default Bail – Entitlement to, u/s. 167(2) – Though the chargesheet might have been filed within the statutory time period as prescribed in law yet the chargesheet was…
Ritu Chhabaria vs Union of India & Ors.
SC · 26 April 2023
[2023] 3 S.C.R. 826 : 2023 INSC 436
Code of Criminal Procedure, 1973 – s.167(2) – Right of default bail – A chargesheet, if can be filed in piecemeal without first completing the investigation and whether the filing of such chargesheet extinguishes the rig…
Case Details Enforcement Directorate Government of India vs Kapil Wadhawan & Anr. etc.
SC · 24 April 2023
[2023] 16 S.C.R. 1133 : 2023 INSC 1090
Matter pertains to application filed by the appellant seeking clarification of the judgment dated 27.03.2023 passed by this Court in Crl App Nos. 701-702 of 2020, Enforcement Directorate, Government of India v. Kapil Wad…
Qamar Ghani Usmani vs The State of Gujarat
SC · 10 April 2023
[2023] 2 S.C.R. 824 : 2023 INSC 337
Code of Criminal Procedure, 1973 – s. 167(2) – Default bail – Appellant-accused was arrested on 29.01.2022 – 90 days period u/s. 167 was to expire on 29.04.2022 – On 22.04.2022, IO prayed for extension of time to complet…
Central Bureau of Investigation vs Vikas Mishra @ Vikash Mishra
SC · 10 April 2023
[2023] 3 S.C.R. 321 : 2023 INSC 345
Code of Criminal Procedure, 1973 – s. 167(2) – Application for default bail – Frustration of judicial process by conduct – Respondent was accused of having committed offence u/s 409/120B of IPC – On 16.04.2021, the respo…
Enforcement Directorate, Government of India vs Kapil Wadhawan & Anr. etc.
SC · 27 March 2023
[2023] 5 S.C.R. 918 : 2023 INSC 723
ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA v. KAPIL WADHAWAN & ANR. ETC. (Criminal Appeal Nos. 701–702 of 2020) MARCH 27, 2023 [K. M. JOSEPH, HRISHIKESH ROY AND B.V. NAGARATHNA, JJ.] Code of Criminal Procedure, 1973 :…
The State through Central Bureau of Investigation vs T. Gangi Reddy @ Yerra Gangi Reddy
SC · 16 January 2023
[2023] 1 S.C.R. 741 : 2023 INSC 44
Code of Criminal Procedure, 1973 : s. 167(2) – Default bail – Cancellation of, on merits – On facts, accused-respondent arrested in connection with the murder of a former MLA, released on default bail u/s 167(2) – CBI co…
Jigar @ Jimmy Pravinchandra Adatiya vs State of Gujarat
SC · 23 September 2022
[2022] 13 S.C.R. 367 : 2022 INSC 1013
Code of Criminal Procedure, 1973 – s.167(2) – The Gujarat Control of Terrorism and Organised Crime Act, 2015 – s.20(2) – Proviso added by the 2015 Act to sub-section (2) of s.167, CrPC – Interpretation of. Code of Crimin…
Satender Kumar Antil vs Central Bureau of Investigation & Anr.
SC · 11 July 2022
[2022] 10 S.C.R. 351 : 2022 INSC 690
Bail – Grant of – Code of Criminal Procedure, 1973 – ss. 41, 41A, 88, 170, 204 and 209 – Constitution of India – Arts. 21 & 22 – Applications have been filed seeking certain directions/clarifications, to deal with the as…
Serious Fraud Investigation Office vs Rahul Modi & Ors.
SC · 7 February 2022
[2022] 1 S.C.R. 597 : 2022 INSC 158
Code of Criminal Procedure, 1973: s.167(2) – Filing of a charge-sheet is sufficient compliance with the provisions of s.167and that an accused cannot demand release on default bail under s.167(2) on the ground that cogni…
Sudha Bharadwaj vs National Investigation Agency And Anr
Bombay HC · 1 December 2021
The applicants, accused in NIA Special Case No.871 of 2020 arising from FIR No.4 of 2018 registered with Vishrambaug Police Station, Pune (the Elgar Parishad case), sought enlargement on bail under section 167(2) of the…
Gautam Navlakha vs National Investigation Agency
SC · 12 May 2021
[2021] 5 S.C.R. 87 : 2021 INSC 295
Constitution of India: Art.21 – House arrest – When a citizen is placed on house arrest, which has the effect of depriving him of any freedom, it will not only be custody but it would involve depriving him of the fundame…
Mla From Mau District, Up vs Jail Superintendent (Ropar) & Ors.
SC · 26 March 2021
[2021] 2 S.C.R. 863 : 2021 INSC 223
Constitution of India/ Code of Criminal Procedure, 1973: Art. 32/s.406 – Petition u/Art. 32 read with s. 406 – Maintainability of – On facts, various criminal cases filed against sitting MLA from Mau District, UP – Ten c…
Fakhrey Alam vs The State of Uttar Pradesh
SC · 15 March 2021
[2021] 2 S.C.R. 1000 : 2021 INSC 183
Code of Criminal Procedure, 1973 – s.167 – Default bail – FIR against appellant under provisions of IPC, Arms Act and the UAPA Act –Appellant, if entitled to default bail under s.167(2) CrPC in the facts of the case – He…
Enforcement Directorate, Government of India vs Kapil Wadhawan & Anr. etc.
SC · 23 February 2021
[2021] 1 S.C.R. 721 : 2021 INSC 113
Code of Criminal Procedure, 1973 – s.167(2)(a)(ii) – Default bail – Issue as to whether while computing the period of 90 days or 60 days as contemplated in s.167(2)(a)(ii) CrPC, the day of remand is to be included or exc…
Venkatesan Balasubramaniyan vs The Intelligence Officer, D.R.I. Bangalore
SC · 20 November 2020
[2020] 9 S.C.R. 942 : 2020 INSC 652
Code of Criminal Procedure, 1973: ss. 167(2) and 439(2) – Two cases registered under NDPS Act – One case was of recovery of contraband from the car of the appellants-accused in Hyderabad – Another case was of recovery of…
M. Ravindran vs The Intelligence Officer, Directorate of Revenue Intelligence
SC · 26 October 2020
[2020] 12 S.C.R. 915 : 2020 INSC 608
Code of Criminal Procedure, 1973: s. 167(2) r/w s. 36A of Narcotic Drugs and Psychotropic Substances Act, 1985 – Default bail/ Compulsive bail – Application for – After completion of 180 days from the remand date – Bail…
Saravanan vs State Rep. by the Inspector of Police
SC · 15 October 2020
[2020] 8 S.C.R. 1035 : 2020 INSC 600
Code of Criminal Procedure, 1973 – s. 167 – Condition imposed to deposit a sum on default/statutory bail – Sustainability of – The High Court accepted the prayer of the appellant to release him on the default bail/statut…
Bikramjit Singh vs The State of Punjab
SC · 12 October 2020
[2020] 12 S.C.R. 875 : 2020 INSC 589
Code of Criminal Procedure, 1973 – s. 167 – Penal Code, 1860 – ss. 302, 307, 452, 427, 341, 34 – Arms Act, 1959 – s.25 – Explosive Substances Act, 1908 – ss. 3,4,5,6 – Unlawful Activities (Prevention) Act, 1967 – s. 13 –…
S. Kasi vs State through the Inspector of Police Samaynallur Police Station Madurai District
SC · 19 June 2020
[2020] 5 S.C.R. 277 : 2020 INSC 439
Code of Criminal Procedure, 1973 – s. 167(2) – Entitlement to bail in event charge sheet not filed by the police within the stipulated period – The appellant-accused was arrested on 21.02.2020 u/ss. 457, 380, 457(2), 380…

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