The present petition is filed under section 482 Cr.P.C.

seeking quashment of the order dated 9.8.2023 passed by ASJ

and Special Court (under the Electricity Act) in crime NO.

Signed by: MUKTA

CHANDRASHEKHAR KOUSHAL

Signing time: 09-11-2023

17:08:53

Signature Not Verified

2

522/2022 affirming the order dated 31.7.2023 passed by JMFC

in criminal case No. 4757/2023.

2. The petitioner is claiming default bail on the ground

that respondent has failed to file chargesheet within the period

of 90 days under section 167(2) Cr.P.C. and therefore, the

petitioner is entitled for default bail.

3. Facts of the case are that applicant is accused in crime

No. 522/2022 registered at P.S. M.G. Road, Indore for

commission of offence under section 420, 467, 468 and 471

IPC. According to the applicant, he surrendered before the

Magistrate on 2.5.2023 and on the said date, order of remand

was passed. The period of 90 days expired on 30.7.2023 and

the chargesheet was filed on 31.7.2023, beyond the period of

90 days, and therefore indefeasible right has accrued in favour

of the petitioner for grant of default bail. In support of his

submission, he has placed reliance on the judgment passed by

the Supreme Court