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bail u/s. 167(2) & 309(2) Cr.p,c., 1973

(Querist) 03 December 2008 This query is : Resolved 
Code of Criminal Procedure, 1973, ss. 167(2), 309(2)- Interpretation of - Appellant proceeded against for commission of offences under ss 409, 420, 120B of IPC or 302 of IPC - Hedl power of a court (Magistrate)to direct remand of an accused either in terms of s. 167(2) or s.309(2) thereof will depend on the stages of the trial - S, 167(2) would be attracted in a case where cognizance has not been taken, s.309(2) would be attracted only after cognizance has been taken.
Where challan has been sumitted but magistrat not take cognizance yet now. And investigation not pendeing u/s. 173(8)against that accuse but accused above u/s. arrasted and judicial remand by magistrate u/s. 167(2). Accused intitled to be release on bail or not. Please tell me Supreme Court latest citation
deepak kumar (Expert) 03 December 2008
the accused is certainly entitled for the benifits of 167(2)CrPC
anonymus (Expert) 03 December 2008
refer to DINESH DALMIA VS CBI.(CRIMINAL APPEAL NO. 1249 OF 2007) Supreme court has extensively dealt with sec 167(2) and sec 309Crpc.
Ladhu Ram Chowdhary (Querist) 04 December 2008
DINESH DALMIA VS CBI.(CRIMINAL APPEAL NO. 1249 OF 2007) Supreme court held,accused had no statutory right to be released on bail. so pi.tell me othere supreme court citation

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