Supreme Court of India

Sayed Mohd. Ahmed Kazmi v. State, Gnctd & Ors.

Neutral citation

Reported as [2012] 9 S.C.R. 836

Bench Altamas Kabir, Surinder Singh Nijjar and J. Chelameswar JJ.

Decided 19 October 2012

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the Appellant acquired the right for grant of statutory bail on 17th July, 2012, when his custody was held to be illegal by the Additional Sessions Judge since his application for statutory bail was F pending at the time when the application for extension of time for continuing the investigation was filed by the prosecution.

Judgment, page 12

From the headnote

Code of Criminal Procedure, 1973 - 167 (2) - Prosecution of accused ulss. 302, 427 and 1208-tPC and ss. 16 and 18 of Unlawful Activities (Prevention) Act - Accused sent to judicial custody by Magistrate - After completion of judicial custody for 90 days, Magistrate extended the period of investigation and custody of the accused by another 90 days - In revision against the order of the Magistrate, Sessions Court held the custody of the accused to be illegal - Accused's application uls. 167(2) seeking default bail as no charge-sheet was filed within 90 days - The Magistrate instead of hearing

Authorities it was built on

2001 Uday Mohanlal Acharya v. State of Maharasiitra cited by 16
1996 Dr. Bipin Shantilal Panchal v. State of Gujarat cited by 9

Where later benches applied it

2020 M. Ravindran v. The Intelligence Officer, Directorate of Revenue Intelligence relied on
2020 Bikramjit Singh v. The State of Punjab relied on
2023 Judgebir Singh @ Jasbir Singh Samra @ Jasbir & Ors. v. National Investigation Agency referred to
2014 Union of India through Cbi v. Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav referred to
2023 Qamar Ghani Usmani v. The State of Gujarat not applicable

Of those, 2 relied on · 2 referred to · 1 not applicable

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