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2023 Supreme(SC) 333

M. R. SHAH, C. T. RAVIKUMAR
Qamar Ghani Usmani – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Petitioner(s): Ms. K. V. Bharathi Upadhyaya, AOR
For the Respondent(s): Mr. Rajat Nair, Adv. Ms. Swati Ghildiyal, AOR Mr. Madhav Sinhal, Adv. Ms. Devyani Bhatt, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.09.2022 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal Nos. 1215/2022 and 1216/2022, by which, the Division Bench of the High Court has dismissed the said appeals and has refused to release the appellant – accused on statutory bail (default bail) under Section 167(2) of the Cr.PC, the original accused has preferred the present appeals.

3. The facts leading to the present appeals in a nutshell are as under:-

3.1 That the accused came to be arrested on 29.01.2022. The 90 days period as provided under Section 167 of the Cr.PC, therefore, was to expire on 29.04.2022. However, on 22.04.2022, the Investigating Officer prayed for extension of time to complete the investigation which came to be granted by the learned Trial Court by granting extension of 30 days period. The accused came to be informed about the extension on 23.04.2022 itself. On 22.05.2022, the Investigating Officer again prayed for further extension which came to be allowed by the learned Trial Court on 22.05.2022. At this stage, it is required to be noted that on 22.05.2022, the se


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