Section 167 of Crpc !!Default Bail !!Judicial Remand!! Police Remand!!

dear students,
default bail is a statutory right of the accused person in case investigating officer fails to submit the charge sheet with in 60/90days from the first day when accused was taken to remand under section 167 of Crpc.
I have discussed following case law:----
1. Bashir v. State of Haryana. (AIR 1978 SC 55 )
2. CBI v. Anupam J. Kulkarni. (1992) 3 SCC 141)
3. Hussainara Khatoon v. State. (1980) SCC Cri 50
4. State of Gujarat v. Pramukhlal. 1975 Cri.lj 324 Guj
5. Robindra v. State of Bihar.
6. State v. Jai Bhagwan. 1985 Cri.l.j 932 Delhi
7. Kosanapu v. State of AP (1994) Crlj 2121
8. Achpal Singh v. State of rajesthan
9. Rajeev Chaudhary v. State(NCT) of Delhi

[@nikhilbhardwaj110]

Thanks A Lot Sir , Awesome lecture

[@PoojaGupta-nq3wj]

thku so much sir

[@itsankitsworld7337]

Top class

[@mandeepkaurmahi0762]

Thnx sir ❤❤

[@MOHITSharma-id1sg]

Sir, m preparing for Punjab judiciary, completed my law this year only ....thnks for Ur enlightenment . Keep posting these useful videos for noble cause ! Thnks allt sir .....🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏.

[@shrutinishad2393]

Thnku so so much sir

[@BK-gz1zf]

Best 💫

[@legalmaster6885]

Thank you sir🙏🏼

[@sindhujasharma2434]

Bahut acha lga sir🙏 aaj clear hia hai 167

[@llbDivyaV]

Excellent Sir. You’ve not given this lecture just from exam point of view but also from practice point of view. Pls continue to do what you’re doing. We are really benefitting from your lectures

[@atharali6682]

My daughter loves ur lectures and now i understand why she praises u this much! U re a gem sardar ji ❤

[@rahimatshaikh4176]

Respected Sir very helpful lecture thank you Sir

[@mahimasharma2614]

Sir God bless you 🙏🙏🙏🙏🙏🙏🙏🙏

[@harpreetsinghkahlon2827]

Thank you g

[@advocateamandeepsinghghuma6927]

thank you sir for wonderful lecture none can teach so intrusting way as you do

[@MrKaks777]

Very good lecture on default bail with case laws..thank you so much sir..👏👏👏

[@sabirkhan-bt8xv]

Explained very good 👍 👏 👌

[@soniasingh8084]

Thanks Ji 🙏🙏

[@sagardey5955]

Thank you so much sir 🙏☺️ you are the best teacher ❤️

[@deepchandraverma9847]

Law and order are the medicine of the body politic and when the body politic gets sick, medicine must be administered -B R Ambedkar Happy Constitution Day!

[@dell0927]

thank u, sir, for lecture

[@anjalidogra3317]

Thank you so much sir🙏🙏

[@rinkysingh5162]

Nice lecture sir thanku so much for your effort and support love ❤you sir

[@geetanjalidas2673]

Very much thank you sir... ❤️❤️🙏🙏🙏

[@Priya-jw3kv]

Amazing as usual ❤️, Thankyou sir 🙏

[@bagulrahul582]

Highly thankful Sir 💐

[@vishwajhala9772]

Very very helpful lecture sir..

[@vinaysharma8131]

Thank you so much sir

[@basavarajkamat9925]

Thank You So much Sir, really I appreciate your Teaching on Procedural Law subjects. My Civil judge Main Exam on 28 and 29th November At Bengalur Karnataka 🙏🙏🙏🙏🙏

[@harpreetsinghkahlon2827]

Best of luck g

[@mr.perfectionist8567]

Sir FIR WAALE DIN SE YA MAGISTRATE K SAAMNE PESH KIYE JAANE WAALE DIN SE COUNT KAREIN 90DAYS

[@harpreetsinghkahlon2827]

Will start from the day when police produce the accused before the court for police or judicial remand

[@mr.perfectionist8567]

@@harpreetsinghkahlon2827 sir abhi confirm nhi hua samajh nhi aaya Hindi mein batana

[@harpreetsinghkahlon2827]

Jab police accused ko lekar court me jatte he police or judicial remand ke lie, to first day usi time se shuru ho jata he.

[@mr.perfectionist8567]

@@harpreetsinghkahlon2827 okk next day from FIR OKK THANKS SIR

[@cliked8325]

Thank you sir... U cleared the concept of default bail

[@dharmesh_prajapati..123]

Sir , it is excellent... 🙏🙏

[@dharmesh_prajapati..123]

Sir , previous year papers for Gujarat judicial exam , please guide me 🙏🙏

[@kashi6970]

Sir if accused is arrested in a bailable offence,accused applied for bail and has completed all the conditions required for bail but here police officer seeking police custody for the investigation,is there any supreme court judgement pertaining to the police custody in a bailable offence?

[@harpreetsinghkahlon2827]

In bailable offences u must apply for bail as he never cancel the bail. Moreover in bailable offences u have statuary right to get bail

[@kashi6970]

@@harpreetsinghkahlon2827 sir police officer seeking police custody from the court ,I m appearing for state, then ,is there any supreme court judgement in which police custody granted to police in bailable offence?

[@harpreetsinghkahlon2827]

Division Bench decision of this Court in the case of Kanubhai Chhaganlal v. State, 1972 GLR 748. The Division Bench in Kanubhai case (supra) held as under : "When a person is arrested by the police for a bailable offence he has to be produced before the Magistrate having jurisdiction in the case subject to the provisions contained as to bail. Thus, before he is produced before a Magistrate, if the accused is prepared to give bail, the police officer concerned has to release him on bail. If at the stage while the accused is in police custody, he is not prepared to give bail he has to be produced before the Magistrate within 24 hours as stated in Section 61 of the Code. When he is produced before a Magistrate and if the accused is prepared to give bail in a bailable offence, he shall be released on bail. The Magistrate has no discretion in the matter, and it would not be open to the Magistrate to authorise his detention in the police custody for the purpose of the investigation. We, therefore, do not agree with the learned Assistant Government Pleader that the police could obtain even a person accused of a bailable offence on remand, under Section 167(2) of the Code. In our opinion, both these Sections 61 and 167(2) are subject to the provisions with regard to bail as clearly stated in Section 60 of the Code." See also similar views of the other High Courts in Govind Prasad v. State of West Bengal, 1975 Cri. LJ. 1249 (Cal.), Dharmu Naik v. Rabindranath Acharya, 1978 Cri, LJ 864 (Ori.), the District Magistrate of Visakhapatnam - Referring Officer, AIR (36) 1949 Mad. 77, Kota Applakonda and Ors., AIR (29) 1942 Mad. 74 and in B. Narayanappa and Ors. v. State of Karnataka, 1982 Cri. LJ 1334.

[@kashi6970]

@@harpreetsinghkahlon2827 thank u sir,happy lohri to you and your family and specially to your little one😇

[@krushnaparkhe]

Sir vo Jo 60/90 days hote hai kya usme hi vo PCR ke 15 din milakar bante hai ya PCR +60/90 hote hai please ans 🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏🙏❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️❤️from MH

[@harpreetsinghkahlon2827]

Including 15 days

[@savitpriya2734]

Thank you so much Sir!!!!!!🙏🙏🙏🙏☺️

[@satindersingh2833]

Sir , If executive magistrate authorise detention for 5 days and the order for further detention has been made by competent magistrate , sir the judicial magistrate would have 15 days in the whole when he ordered excluding the days of executive magistrate or the days of executive magistrate will also be counted

[@harpreetsinghkahlon2827]

15 days including the police remand given by executive magistrate

[@satindersingh2833]

@@harpreetsinghkahlon2827 thankyou sir

[@imaramalik7690]

Thank you so much sir 😇🙏🙏🙏

[@vrushalinarwade6218]

THank u sirji🙏

[@SatnamSingh-ce1or]

Sir I'm watching your video on sec 167 crpc , I have a query regarding that- If police custody is authorised to the accused for 5 days and after that he is committed to judicial custody. Whether he will again be committed to police custody as 15 days were not completed in police custody ?

[@harpreetsinghkahlon2827]

Yes

[@harpreetsinghkahlon2827]

I have explained the case law on ur query plz watch carefully

[@SatnamSingh-ce1or]

Thank you sir

[@khushendusharma2878]

Shandar sir g

[@atulkaushik5269]

Thanku sir 🙏

[@khushi-ky5jh]

You r great sir 🙏🙏🙏🙏🙏🙏🙏🙏

[@jituburman1527]

It seems, default bail days ( 60/90,) starts from the very day of remand order and the period of which thus would include PC days too apart from JC days.

[@meenachandigarh94]

Hatts off❤️❤️

[@umashivhare2320]

Vary good evening.....sirjiiii

[@harpreetsinghkahlon2827]

Gd evening g

[@simrankhan7202]

Mera c.r.p.c is yr nhi h subject but lecture bhot accha tha sir.m

[@basavarajkamat9925]

🙏

[@subratsharma6505]

One video cr.p.c. Sec 432 to 434

[@200vaibhav1]

sir, how to calculate, period of remand, please make a video.?

[@jituburman1527]

Another interesting point, that if an accused is not got caught, and if in clandestine manner he surrenders before court, he may avoid PC remand ( third degree treatment, if any)

[@manugarg4535]

sir agar accused police ke samne surrender karta hai aur phir police use magistrate ke samne le jaati hai toh kya magistrate pc ya jc de sakta hai

[@harpreetsinghkahlon2827]

Definitely

[@harpreetsinghkahlon2827]

But if he surrender before the court then no remand can be taken under section 167

[@monicasingh2295]

Sir please make a video on Bail (sec.436 to 439)

[@advb.2158]

Sir case committ hona ki meaning a g?

[@harpreetsinghkahlon2827]

JMIC court can't trial session trial cases, so when the JMIC received the final report under section 173 of crpc then he send it to session court this is called commit

[@200vaibhav1]

sirji please make a detailed video on sec 151, 152 cpc

[@ashwaniupadhayay7711]

Sir , Is sec167 would also recognised as "law of remand"

[@harpreetsinghkahlon2827]

Yes, it's law of remand and default bail

[@ojaslawclasses4087]

And sir last question 309(2) which is talking about after filing of chargesheet agr police , police custody mangti h to is section m hai kya isme judicial custody bhi h

[@dell0927]

court shall grant only judicial custody under 309(2) but if any other accused arrested after taking cognizance may be given in police custody under 167(2) if required in investigation as given the direction by honorable supreme court in CBI v. Rathin Dandapat and others, 2015.

[@sanjeevverma9789]

Can u provide me the full detail of 4th judgement i.e State of Gujrat v/s pramukhlal. So i can search it in a book or in law finder

[@premadvocate3547]

Sir Plz Comment about Now 167 (2 ) filed SLP in Supreme court Review Petiton regarding Minimum Punishment not Mention In 167 (2) please Sir Comment on this

[@advocatenaseerahmad2096]

Kya without FIR register kiye cr.pc section 167 ka procedure implement kiya ja sakta hai? Tell me sir

[@harpreetsinghkahlon2827]

No but without FIR blanket bail or anticipatory bail is usually filed

[@advocatenaseerahmad2096]

@@harpreetsinghkahlon2827 Thanks sir,

[@ojaslawclasses4087]

Sir agr executive magistrate 7 days rimmond de Chuka Lekin jis judicial magistrate Ko us case Ko sunne ka right tha vo ab bhi nahi aaya to kya nearest kisi bhi judicial magistrate Ko case send kr skta h executive magistrate

[@harpreetsinghkahlon2827]

Yes

[@ankitgoyal9559]

Sir kya economic offence ke cases mai agar police time par final report submit nahi karti hai to kya default bail mil sakti hai. And continuously police supplimentary report file kar rahi hai.

[@harpreetsinghkahlon2827]

Yes

[@ankitgoyal9559]

When is the right time to apply for bail if any person has done any economic offence and also if he don't have any bail bond

[@ojaslawclasses4087]

Sir 309(2) crpc Mai after filing chargesheet police hi custody mangti hai na agr unko cahiye

[@advb.2158]

Sir when accussed comes mutualy before the court or police,then sec 167 is not applicable..but how can police make interrogation or further investigation ?

[@harpreetsinghkahlon2827]

At the time of surrender police can move application for his remand

[@advb.2158]

@@harpreetsinghkahlon2827 thnk you sir

[@ojaslawclasses4087]

Sir 309(2) crpc ma police hi custody mangegi na kyu ki judicial custody m to vo hoga hi ,, after filing chargesheet

[@dell0927]

only under 167(2) as under 309 only judicial custody.

[@user-tx4wb1cn1k]

309 crpc me to sit hamesha judicial custody he dete h na

[@user-tx4wb1cn1k]

Sir 309 me PC de sakte h kya ? Or trail start start hone k baad bhi 309 me PC remand de sakte hai

[@shrikantalmel7523]

Thank you sir🙏

[@pragatisingh2031]

Thank you sir🥰