Hitesh Choubey and Another v. State of Chhattisgarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Chh) 129

CHATTISGARH HIGH COURT
, J
Hitesh Choubey and Another v. State of Chhattisgarh

Table of Content
1. right to default bail if charge sheet not filed. (Para 1 , 2 , 3 , 4 , 11)
2. remand period starts from order date. (Para 5 , 6 , 8 , 10)
3. consequences of filing charge sheet on bail rights. (Para 9 , 12)
4. decision to allow petition. (Para 13)

1. This petition under S.482 of the Cr.P.C. of Criminal Procedure (In short 'the Code' has been preferred by the petitioners against order dated 25-08-2014 passed in Criminal Revision No. 56/2014, dismissing revision of the petitioners.

2. Police Station Bakimongra, District Korba registered crime under Crime No. 76/2014 against the petitioners on the allegation that they have committed offence under S.420/34 IPC and S.4, S.5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (In short 'the Act'). The petitioners were arrested on 14-05-2014 and produced before the Magistrate on the same date for remand up to 16-05-2014. As according to the petitioners, charge - sheet was not filed within a period of 60 days from the date of remand i.e. on or before 13-07-2014, an application for grant of default bail under S.167(2) of the Cr.P.C. was filed. That application was, however, rejected on 15-07-2014. Aggrieved