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H. S. GREWAL
Jaswinder Singh @ Kindi – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner's request for default bail after detention. (Para 1 , 2) |
| 2. remand guidelines and statutory requirements. (Para 4 , 6) |
| 3. exclusion of remand day in calculating detention period. (Para 5 , 7 , 8) |
| 4. grant of bail ordered, subject to conditions. (Para 9 , 10) |
JUDGMENT :
H.S. Grewal, J.
The petitioner has filed this revision petition seeking setting aside the order dated 03.02.2025 whereby his default bail application filed under Section 187 (3) BNSS , 2023 [ Section 167 (2) Cr.P.C.] has been denied by the trial Court on the ground that it was filed before the expiry of 90 days i.e. on the 90th day.
2. Learned counsel for the petitioner submits that the FIR had been registered on 21.10.2024 and the petitioner was arrested on 05.11.2024. On the same day, he was produced before the Judicial Magistrate and was remanded to custody. He applied for default bail under Section 187 (3) BNSS , 2023 [ Section 167 (2) Cr.P.C.] on 03.02.2025 at about 02.00 pm i.e. after the expiry of 60 days. However, on the same day at about 03:15 pm, the Investigating Officer presented the challan before the trial Court. Therefore, the challan was presented on the same day right after the
The remand day must be included in the 90-day calculation for default bail eligibility, ensuring protection of personal liberty as per statutory requirements.
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 : 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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