RAGHVENDRA NARVARIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Applicant herein was arrested for offence punishable under Section 420, 409, 34 of the IPC read with Section 10 of Chhattisgarh Nikshepakon Ke Hito Ka Parichalan Adhiniyam, 2005 and he was remanded on 08/03/2019 and the period of 90 days for submitting the charge-­sheet expired on 06/06/2019, but the applicant did not move any application claiming default bail under Section 167 (2) of the Cr.P.C. and ultimately, charge-­ sheet was filed on 04/07/2019 and thereafter, he moved his application under Section 167(2) of the Cr.P.C. for releasing him on default bail on 06/08/2019 which was rejected by the trial Magistrate by order dated 07/08/2019 holding that since the charge-­sheet has already been filed and the applicant did not file his application on time, therefore, he cannot be extended the privilege of default bail under Section 167 (2) of the Cr.P.C. against which the applicant preferred a revision, but learned revisional Court agreed with the finding of the trial Magistrate and dismissed his revision vide order impugned dated 19/09/2019 assailing which this petition under Section 482 of the Cr.P.C. has been preferred by him.

(2.) Mr. Tarun Dansena, learned counsel for the applicant would submit that both the Courts below committed illegality in not granting his application and thereby, not extending the privilege of default bail to the applicant under Section 167 (2) of the Cr.P.C. as admittedly, the charge-­sheet was filed on 04/07/2019 i.e. after the expiry of 90 days from the date of first remand i.e. 08/03/2019, therefore, he has indefeasible right to be released on default bail accruing in his favour which cannot be extinguished by filing charge-­sheet subsequently on 04/07/2019 merely because the application for default bail was filed by the applicant with some delay as he was not informed about his right to be released on default bail well within time, as such, the impugned order deserves to be set aside and the applicant be granted default bail under Section 167 (2) of the Cr.P.C.

(3.) Learned State counsel would oppose and submit that once charge-­sheet is filed the indefeasible right of default bail accrued in favour of the applicant/accused gets extinguished and he is not entitled to be released on default bail under Section 167(2) of the Cr.P.C. and he should apply for regular bail, if any.