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N. J. JAMADAR
Sujata Chennakeshavallu Ramgiri – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. The Applicants who are arraigned in C.R.No.258 of 2021 for the offences punishable under Ss. 420, 406 and 506 of the Indian Penal Code, 1860 ('the Penal Code') and Ss. 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, have preferred this Application for releasing them on bail.
2. The Applicants claimed that they were arrested on 20/10/2021. The Investigating Officer filed a charge-sheet on 17/12/2021 for the offences punishable under Ss. 420, 406 and 506 of the Indian Penal Code, 1860 ('the Penal Code') and Ss. 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. However, the jurisdictional Magistrate has not yet taken cognizance of the said offences. Resultantly, according to the Applicants, they are in illegal custody.
3. The Applicants had, thus, preferred an Application before the learned Magistrate for default bail under Sec. 167 (2) of the Code of Criminal Procedure, 1973 ('the Code'). However, the learned Magistrate by an order dtd. 2/2/2022 rejected the Application. The Applicants carried the matter in revision being Criminal Revision No.63 of 2022, before the learned Additional Sessions Judge, Pune. The learne
Filing of the charge-sheet within the stipulated period is sufficient compliance with the provisions of Sec. 167(2) of the Code, and the requirement of taking cognizance of the offences post filing o....
Point of law : The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filin....
Once chargesheet has been filed within the stipulated time, the question of grant of statutory bail or default does not arise.
(1) Inordinate delay in placing order of sanction before Special Court cannot be a ground to pray for statutory/default bail under provisions of Section 167(2) of Cr.P.C.(2) Default bail – Right to b....
The court affirmed that both Magistrates and Sessions Courts possess the authority to grant default bail, even in the pendency of regular bail petitions.
The right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that cannot be extinguished by the mere filing of an incomplete chargesheet.
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