MUMBAI: Article 21 of the Constitution is intrinsically linked to the history of enactment of section 167 (2) of the Code of Criminal Procedure (CrPC), which deals with the powers of a magistrate to detain an accused, the court observed. "The safeguard of default bail contained in the proviso is nothing but a legislative exposition of the constitutional safeguard that no person shall be denied his liberty except in accordance with the rule of law," said the division bench of justices Revati Mohite Dere and Prithviraj Chavan.The court was hearing a reference arising out of a petition filed by Sunil Vitthal Wagh, an alleged member of the notorious 'Sirji Gang' led by a certain Gopal Ankushrao from Pandharpur, and an accused in the murder of former municipal councilor Sandeep Pawar on March 18, 2018.In all, 26 persons were named as accused in the murder case and many of them were arrested by police, although Wagh was at large. A charge-sheet was filed against the arrested accused on September 15, 2018, while Wagh was arrested nearly three years later, on August 28, 2021.On February 24, 2022, Wagh applied for bail on the grounds that the police had defaulted on completing the investigation.

Absconding Accused Entitled To Default Bail, Says HC

1259,144,234,136,2022,3133

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