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september 2018

Supreme Court of India · 2018-09-24

Achpal @ Ramswaroop vs The State Of Rajasthan

Citation / case number
AIR 2018 SUPREME COURT 4647
Court
Supreme Court of India
Petitioner
Achpal @ Ramswaroop
Respondent
The State Of Rajasthan
Author
Uday Umesh Lalit
Bench
Uday Umesh Lalit, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the rejection of bail under Section 167(2) of the Code of Criminal Procedure was improper as the charge-sheet filed was not in compliance with the High Court's order dated 03.07.2018, which mandated that a gazetted officer not below the rank of Additional Superintendent of Police conduct the investigation. The Court clarified that the 90-day period for filing the charge-sheet was effectively extended by the High Court's order, thus the appellants were entitled to bail. The appeal was allowed, overturning the High Court's decision.

Achpal @ Ramswaroop vs The State Of Rajasthan · Niyam