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The HC held that the right of the accused to claim default bail does not stand ground after the chargesheet is filed for offences under IPC within stipulated time, only because MCOCA was invoked after filing chargesheet.
A statutory right to default bail cannot be circumvented by imposing onerous conditions as it would amount to a violation of the detenue's fundamental rights under Section 21 of the Constitution of India, the Court said.
"The default bail is a statutory right of an accused. The Court cannot deny statutory bail to an accused by imposing stringent conditions which cannot be complied by the accused."
The question of whether a chargesheet filed without the forensic report (FSL report) in NDPS Act cases can be considered incomplete is pending before the Supreme Court and also a Full Bench of the High Court.
The Punjab & Haryana High Court has directed its Registrar General to arrange orientation course on Fundamental Rights for all the judicial officers of District Courts across Punjab, Haryana and...