STATE THROUGH CBI versus MOHD. ASHRAFT BHAT AND ANR.

STATE THROUGH CBI versus MOHD. ASHRAFT BHAT AND ANR.

The right to bail for failure to file challan under Section 167(2), Cr.P.C., exists only until the challan is filed and does not survive thereafter, and the limitation period must be computed from the date of arrest in the relevant FIR, not from a prior arrest in another FIR.

Parties
Appellant: State through CBI; Respondent: Mohd. Ashraff Bhat; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
07 December 1995
Procedural Posture
Criminal Appeal / Appeal From Designated Court Order Granting Bail
Outcome
Appeal allowed
Legal Topics
Bail, Computation of Limitation Period, Section 167 Cr.p.c., Terrorist and Disruptive Activities (prevention) Act
Criminal Law Terrorist and Disruptive Activities Law Bail Computation of Limitation Period Section 167 Cr.p.c. Terrorist and Disruptive Activities (prevention) Act

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Parties

State through CBI

Appellant

Mohd. Ashraff Bhat

Respondent

Respondent No. 2

Respondent

Procedural Posture

Criminal Appeal / Appeal From Designated Court Order Granting Bail

Legal Issues

  1. 1 Whether the right to bail under Section 167(2), Cr.P.C., remains enforceable after the filing of the challan
  2. 2 From which date should the period of limitation for bail under Section 167(2) be computed when there are multiple FIRs

Ratio Decidendi

The right to bail for failure to file challan under Section 167(2), Cr.P.C., exists only until the challan is filed and does not survive thereafter, and the limitation period must be computed from the date of arrest in the relevant FIR, not from a prior arrest in another FIR.

Court Disposition

Appeal allowed

Orders

  • Bail granted to the respondent is cancelled.
  • Respondent to be arrested forthwith.