ANU MALHOTRA, J.

1. The petitioner Arvind Kumar Saxena seeks the grant of “‘default bail‘” in terms of Section 167(2) proviso (a)(ii) of the Code of Criminal Procedure, 1973 in FIR No. 83/2017 investigated by the Crime Branch in which he was arrested on 03.06.2017 for alleged possession of 250 gms. of heroine i.e. diacetylmorphine submitting to the effect that the charge-sheet in the instant case was filed only on 20.09.2017 and thus the indefeasible right of grant of “default bail” accrued to him during the interregnum of 19.09.2017 and 20.09.2017 when there was no charge-sheet that had been filed by the prosecuting agency and that the prosecution had failed to file the charge-sheet within the statutory period of 60 days from the date of arrest, which expired on 04.08.2017. The petitioner submits that he had filed the application seeking release of bail on 19.09.2017 before the learned Trial Court under Section 439 of the Criminal Procedure Code, 1973 which was fixed for 26.09.2017.

2. Vide paragraph 4 of the application under Section 439 of the Criminal Procedure Code, 1973 dated 19.09.2017, the applicant submitted that he had been arrested by the police of the Crime Branch