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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN, J.
Mohamed Asaruthin - Appellant
Versus
The State of Tamil Nadu - Respondent
Crl.R.C.Nos.1847, 1885, 1849 and 2002 of 2024 Crl.R.C.No.1847 of 2024
Decided on : 27-11-2024
| Table of Content |
|---|
| 1. consolidated hearings for similar revision cases. (Para 1 , 2) |
| 2. arguments regarding statutory bail and extension applications. (Para 3 , 4 , 5 , 6) |
| 3. key questions on statutory bail rights. (Para 7) |
| 4. relevance of case-specific facts for legal decision. (Para 8 , 9) |
| 5. judicial precedence regarding extension applications and bail. (Para 10 , 11 , 12) |
| 6. contrasting views among judges on default bail. (Para 13 , 14 , 15 , 16 , 17) |
| 7. extinguishment of right to bail upon extension application. (Para 18 , 19 , 20) |
| 8. directive on timely consideration of extension applications. (Para 21 , 22 , 23) |
| 9. procedural requirements for extension applications. (Para 24 , 25 , 26) |
| 10. clarification on counter applications in extension cases. (Para 27 , 28) |
| 11. violation of statutory bail rights due to procedural lapses. (Para 29) |
| 12. rejection of extension based on insufficient grounds. (Para 30 , 31 , 32) |
| 13. conditions for bail granted to petitioners. (Para 33) |
| 14. final observations and acknowledgments by the court. (Para 34 , 35) |
ORDER :
SUNDER MOHAN, J.
Since the issues involved in all the revisions are substantially the same, all the revisions are taken up and a common order is passed.
2. The broad submissions of the petitioners in all the cases is that the petitioners' applications for statutory bail were dismissed by the trial Court belatedly; that the extension applications filed by the respondent was not considered along with bail applications; that in any case, indefeasible right of the accused accrues on the expiry of the statutory period and notwithstanding the pendency of extension application, the accused are entitled to bail.
3. In one of the cases viz., Crl.R.C.No.1847 of 2024, the challenge is to the order passed in the extension application filed by the respondent and it is the case of the petitioner that since the extension application did not satisfy the requirements in law, the order passed by the learned Special Judge has to be set aside.
4. The learned Additional Public Prosecutor would submit that in all the cases the extension applications were filed much before the statutory period prescribed for filing the final report; that the delay if any by the learned Judge in considering the application, cannot be put against the prosecution; that the judgment of the Constitutional Bench of the Hon'ble Supreme Court in Sanjay Dutt v. State through CBI, Bombay reported in 1994 (5) SCC 401 , would make it clear that when an application is filed for extension to file the final report before the end of the statutory period, the right of the accused to seek default bail does not accrue.
5. The learned counsel for the petitioners relied upon the following judgments of the Hon'ble Supreme Court and this Court in support of their submissions.
(i) Sanjay Kumar Kedia V. Intelligence Officer, NCB , reported in (2009) 17 SCC 631 ;
(ii) Judgebir Singh v. National Investigation Agency , reported in (2023) SCC OnLine SC 543
(iii)Full Bench Judgment of Calcutta High Court in Subhas Yadav v. State of West Bengal , reported in (2023) SCC OnLine Cal 313
(iv)The order of this Court in Crl.R.C.No.924 of 2023 dated 22.06.2023 [ Ajith v. State ]
(v)The order of this Court in Crl.R.C.No.2122 of 2023 dated 08.02.2024 [ Grant Victor Ikenna v. State ]
6. Mr.E.Raj Thilak, the learned Additional Public Prosecutor relied upon the following judgments of the Hon'ble Supreme Court and orders of this Court, in support of his submissions.
(i) Constitutional Bench judgment of the Hon'ble Supreme Court in Sanjay Dut v. State through CBI, Bombay , reported in (1994) 5 SCC 410
(ii) Ramber Shokeen v. State (NCT of Delhi), reported in (2018) 4 SCC 405
(iii) M.Ravindran v. Intelligence Officer, DRI , reported in (2021) 2 SCC 485
(iv) Jigar alias Jimmy Pravinchandra Adatiya v. Stateof Gujaraj , reported in (2023) 6 SCC 484
(v) The order of this Court in Crl.O.P.(MD).No.3225 of 2022 dated 17.03.2022 [ Sathish and Another v. State ]
AI
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