Supreme Court of India

Uday Mohanlal Acharya v. State of Maharasiitra

Neutral citation

Reported as [2001] 2 S.C.R. 878

Bench G.B. Paitanaik, U.C. Banerjee and B.N. Agrawal JJ.

Decided 29 March 2001

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

16 Supreme Court benches have cited this judgment.

What the Court ordered

Conclusions as follows : I. Under sub-section (2) of Section 167, a Magistrate before whom an accused is produced while the police is investigating into the offence can authorise detention of the accused in such custody as the Magistrate thinks fit for a term not exceeding 15 days in the whole. c.

Judgment, page 22

From the headnote

Code of Criminal Procedure, 1973 : ...,.. Section 167(2), Proviso-Detention of an accused-Maximum period- c Prescription of-Challan not filed within the stipulated time-Consequence of-Held, an indefeasible right to be released on bail accrues to the accused- Such indefeasible right not surviving or remaining enforceable on the challan being filed, if already not availed of-Expression 'if already not availed of- Meaning of-Held, an accused can be said to have availed of his indefeasible right if he is prepared to and furnish the bail, as directed by the Magistrate- Filing of challan aJ this

Authorities it was built on

1994 Hitendra Vishnu Thakur and Ors. v. State of Maharashtra and Ors. cited by 40
1952 Naranjan Singh Nathawan v. The State of Punjab cited by 13
1984 Mohammad Idris and Anr. v. Rustam Jahangir Babuji and Others. cited by 12
1995 Union of India v. Thamisharasi and Ors. cited by 11

Where later benches applied it

2025 Jamin & Anr. v. State of Uttar Pradesh & Anr. relied on
2022 Jigar @ Jimmy Pravinchandra Adatiya v. State of Gujarat relied on
2020 Bikramjit Singh v. The State of Punjab relied on
2020 S. Kasi v. State through the Inspector of Police Samaynallur Police Station Madurai District relied on
2018 Achpal @ Ramswaroop & Another v. State of Rajasthan relied on
2011 Sadhwi Pragyna Singh Thakur v. State. of Maharashtra relied on
2023 Judgebir Singh @ Jasbir Singh Samra @ Jasbir & Ors. v. National Investigation Agency referred to
2023 Enforcement Directorate, Government of India v. Kapil Wadhawan & Anr. Etc referred to
2020 M. Ravindran v. The Intelligence Officer, Directorate of Revenue Intelligence referred to
2018 Rambeer Shokeen v. State of Nct of Delhi referred to
2017 Rakesh Kumar Paul v. State of Assam referred to
2012 Sayed Mohd. Ahmed Kazmi v. State, Gnctd & Ors. referred to
2011 Union of India v. Hassan Ali Khan and Anr. referred to
2023 V. Senthil Balaji v. The State Represented by Deputy Director and Ors. mentioned
2022 Satender Kumar Antil v. Central Bureau of Investigation & Anr. mentioned
2001 State of Maharashtra v. Mrs. Bharati Chandmal Varma @ayesha Khan mentioned

Of those, 6 relied on · 7 referred to · 3 mentioned

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