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2021 Supreme(Gau) 675

M. Rashid Choudhury – Appellant
Versus
State of Nagaland – Respondent


Advocates Appeared:
For the Appellant : Mr. V. Theyo and Ms. Neise Liegise.
For the Respondent: Mr. K. Angami

Judgement Key Points

Based on the provided legal document, the court's decision primarily hinges on the interpretation of the right to default bail under Section 167(2) of the Criminal Procedure Code (CrPC). The key points are as follows:

  1. Timing of the Right to Bail: The right to seek default bail accrues only after the expiry of the statutory period of 90 days from the date of arrest, excluding the initial day of remand and the day charge sheet is filed (!) (!) . The right does not arise prematurely or before this period lapses (!) .

  2. Filing of Bail Application: The bail application must be filed after the right has accrued, i.e., after the completion of the 90-day period. Filing before this period does not entitle the accused to bail, and such an application is considered premature and invalid (!) (!) .

  3. Computation of Period: The calculation of the 90 days should include the days of detention, excluding the first day of remand and the day the charge sheet is filed. The period begins from the day after the initial remand and is inclusive of subsequent days until the charge sheet is filed (!) (!) .

  4. Filing on Non-Working Days: Filing of the bail application on non-working days (such as weekends or holidays) does not affect the timing; the application could have been filed on the last working day before the expiry of the period (!) .

  5. Premature Filing and Waiver: Filing a bail application before the statutory period has expired is considered a waiver of the right, and the court is not authorized to entertain such an application (!) (!) .

  6. Order of Rejection: The court correctly rejected the bail application as premature because the right to default bail had not yet accrued at the time of filing. The order was based on the proper interpretation of statutory provisions and was not erroneous (!) (!) .

  7. Delay in Hearing: While delays in hearing can sometimes be grounds for protecting the right, in this case, there was no such delay that would justify granting bail before the statutory period expired (!) .

  8. Legal Procedure: The law mandates strict adherence to the timeline, and courts are not permitted to interpret or extend the period beyond what is explicitly provided. The right to bail is exercisable only after the prescribed period lapses and the right has accrued (!) (!) .

In summary, the court upheld that the right to seek default bail arises only after the completion of 90 days from the date of arrest, excluding the initial day of remand and the day the charge sheet is filed. Since the bail application was filed prematurely, before this period had lapsed, it was rightly rejected.


JUDGMENT :

1. This is an application under section 439, CrPC read with section 167(2), CrPC praying for release of accused M. Rashid Choudhury. The accused has been charged for offences under section 420/120 B/466/467/468/469/471, IPC in G.R 73/2019 State Crime P.S. Case No. 02/2019.

2. Learned counsel Ms. Neise Liegise appears for the accused-petitioner and the State-respondent is represented by Mr. K. Angami, learned P.P.

3. The accused was arrested on 22.3.2021 on the strength of warrant issued by the JMFC, Kohima and was produced before the court of JMFC, Kamrup Assam on the same day. The JMFC, Kamrup Assam on the same date granted 48 hours transit remand with effect from 22.3.2021 to 24.3.2021 directing the I.O. to produce the accused before the learned CJM, Kohima on or before 24.3.2021. The accused-petitioner was produced before the learned CJM, Kohima on 24.3.2021 and was further remanded to police custody from 24.3.2021 to 29.3.2021 and 29.3.2021 to 31.3.2021. Thereafter, the accused was remanded to judicial custody.

4. Bail application was filed under section 167(2)(a)(ii) of CrPC before the learned Principal District and Sessions Judge Kohima which was heard on 22.6.2021. T

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