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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
SACHIN S.DESHMUKH
Ranganth Tulshiram Galande – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SACHIN S. DESHMUKH, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. The petitioners raise challenge to the order dated 09.09.2025 rendered by the learned Additional Sessions Judge, Shrigonda, rejecting the application presented by the petitioners seeking default bail under Section 187(3) of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS” for short)
3. The petitioners are accused in Crime No. 673 of 2025 registered with Shrigonda Police Station under Sections 316(2), 318(2), 318(4) read with 3(5) of the Bhartiya Nyaya Sanhita (hereinafter “BNS” for short) and under Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (hereinafter “MPID Act” for short).
4. The petitioners were arrested on 07.07.2025. In the wake of arrest in connection with offence for which petitioners were initially charged, the charge-sheet ought to have been filed within 60 days i.e. by 05.09.2025 as mandate under Section 187(3) of the BNSS. Owing to non-compliance of the same, the petitioners sought default bail before the Sessions Court.
5. In the interregnum, the Investigating Officer, submit
A failure to file a charge-sheet within 60 days entitles the accused to default bail, protected as a fundamental right under Article 21 of the Constitution.
Point of Law : Applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the cour....
The court affirmed that both Magistrates and Sessions Courts possess the authority to grant default bail, even in the pendency of regular bail petitions.
Application u/s 167(2) Cr.P.C. must be disposed of promptly and such application should not be treated as a regular bail application.
The right to default bail under Section 167(2) Cr.P.C. is extinguished upon the filing of a charge sheet if the accused has not furnished the required sureties within the stipulated time.
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.
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....
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