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2022 Supreme(Online)(DEL) 5171

HIGH COURT OF DELHI
STATE (N.C.T OF DELHI) – Appellant
Versus
RIYAZUDDIN @ RAJU @ BILLI – Respondent


J U D G M E N T

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

1. This revision under Section 401 read with Section 482 of the Code of Criminal Procedure (hereinafter referred as „Çr.P.C.‟) read with Article 227 of the Constitution of India is directed against the order dated 25.05.2019 passed by the learned ASJ-05, Shahdara, Karkardooma, Courts, Delhi, in Criminal Revision No.20/2019, whereby the order passed by the learned MM dated 15.04.2019, rejecting an application under Section 167(2) of the Cr.P.C., had been reversed, and the respondent had been directed to be released on bail upon his furnishing personal bond in terms of the provision of Section 167(2) of the Cr.P.C.

2. Learned APP for the State/petitioner submits that the order passed by the revisional court is erroneous inasmuch as, the prosecution has filed the chargesheet against the respondent on 14.04.2019 itself and, therefore, the learned MM had rightly rejected his application for grant of default bail under Section 167(2) of the Cr.P.C. According to him, the accused does not enjoy “indefeasible right” for grant of bail subsequent to filing of the chargesheet. He placed reliance on the decision of the High Court of Madhya Prad

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