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N. J. JAMADAR
Dinesh Ganesh Indre – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
The applicants, who have been arraigned in CR No. 497 of 2023 registered with Malad Police Station, for the offences punishable under Sections 120-B, 394, 395 and 412 read with Section 34 of the Indian Penal Code, 1860 (“the Penal Code”), Sections 37 (1)(A) 135 read with Section 142 of Maharashtra Police Act, 1951, have preferred this application to enlarge him on bail.
2. The gravamen of indictment against the applicants and the co-accused is that in pursuance of a criminal conspiracy, on 20th August, 2023, the first informant was robbed of cash of Rs.1,25,00,000/- kept in two bags by threatening to cause death by pointing a knife. It is further alleged that the applicant and the co-accused had retained the cash amount despite having known that the cash was robbed from the first informant.
3. Applicant No. 1 – Dinesh (A5), the applicant No. 2-Pratik Bhojane (A6) were arrested on 2nd September, 2023 and applicant No. 4-Ravi Yashawante (A8) was arrested on 4th September, 2023.
4. During the course of investigation, it transpired that the co-accused Krushna Godambe (A11), who came to be arrested on 10th September, 2023, was the leader of an organized crime syndicate. Thus, w
(1) Default bail – Once period of detention expired, sans charge-sheet having been lodged and accused manifested intent to avail right by making application, no subterfuge to defeat indefeasible righ....
The court reaffirmed that an accused’s right to default bail is contingent on proper legal procedures being followed; improper extensions can revive these rights until the formal charge-sheet is file....
The right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
(1) Default bail – Filing of a charge-sheet is sufficient compliance with provisions of Section 167 of Cr.P.C. and accused cannot claim any indefeasible right of being released on statutory/default b....
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 court affirmed that both Magistrates and Sessions Courts possess the authority to grant default bail, even in the pendency of regular bail petitions.
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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