EXTENSION OF ACCUSED CUSTODY BASED ON ORAL REQUEST EXAMINED BY SC

by | Aug 22, 2024

Headline

The Supreme Court of India Seeks National Investigation Agency (NIA) reply on Plea of Default Bail in Praveen Nettaru Murder Case.

Summary

The Supreme Court of India has asked the National Investigation Agency (NIA) to reply  to a plea of default bail by the accused named Mohammed Jabir,in the case of Praveen Nettaru murder, and will examine whether an oral request for extension of the custody of accused under the Criminal Procedure Code (CrPC) is valid without a formal application.

Key Facts

  • Case nameMohammed Jabir v. National Investigation Agency
  • Name of judges – Justices MM Sundresh and Aravind Kumar.
  • In 2022,the murder of BJP worker Praveen Nettaru in Karnataka.
  • Earlier the Karnataka High Court upheld a decision of the Trial Court to reject Mohammed Jabir’s default bail plea, allowing an oral request by the National Investigation Agency (NIA) for extending the custody of the accused.
  • The Supreme Court of India will examine under Section 167 of the Criminal Procedure Code (CrPC) the legality of such oral requests.

Legal Insights

It raises questions about procedural requirements under the Criminal Procedure Code (CrPC),mainly about whether an oral request for the extension of custody is allowed without a formal application.

Impact

The decision of the Supreme Court of India could shed some light on or even change the procedure for extension of  custody in criminal investigations, affecting how default bail applications are handled.

Why It Matters

The end result will affect the rights of the accused in cases where investigation agencies search for  the extension of custody without a proper formal application,setting a precedent for future cases.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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