SC: Accused Released under Default Bail Cannot Be Re-Arrested merely on the Ground of Filing of the Charge sheet
The Supreme Court in a case of ‘Kamlesh Chaudhary vs State of Rajasthan’ held that if an accused is released under default bail [167(2)]; the police cannot re-arrest him on the filing of the charge sheet. Section 167(2) makes a ground of bail for the accused; if the police officers fail to file the charge sheet within the prescribed period. This is default bail. In the case initially, the High Court held that the police can re-arrest the accused after filing of charges. But the Supreme Court overrides the order of the High court and held that; mere filing of charges cannot be the ground for re-arrest.
The Supreme Court quoted the case ‘Bashir vs State of Haryana (1977)’. In the case of Bashir, the court was of the view that the prosecution can file the application for bail on the grounds well known to law. But the filing of a charge sheet is not a ground for cancellation of bail. The supreme further observes that the law preserves the power to cancel a bail; if the accused is released under section 437 and 438; and these provisions are also applicable to section 167(2).
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Tom Rousseau officiating. In an informal poll by the Norwegian Chess Federation in 1999, this game was voted to be the most effective Norwegian game.
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Ne2 Qe7 13. c4 Nb6?
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Anand opened with 1.e4, and Carlsen responded with the Caro-Kann Defence, his first time doing so in a competitive game since 2011.
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1 July 1778: Through the Revolutionary Battle, Fort Jenkins (a patriot stockade in present-day West Pittston) surrendered to the British (underneath Major John Butler).
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Korchnoi narrowly defeated Petrosian again within the Candidates quarterfinals, then comfortably gained his matches against Polugaevsky and Spassky to emerge as the official challenger to Karpov.
The mental property rights are owned by AMC Networks.
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