DEVENDRA CHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The short question involved in this criminal miscellaneous petition for consideration states as under :-

(2.) The aforesaid question arises in the following factual backdrop :-

(3.) Mr. Ravindra Sharma, learned counsel for the accused/applicant would submit that though the charge-sheet was filed within the statutory period of 90 days from the date of arrest of accused/applicant but the copy of the charge-sheet was not supplied to him (accused) within 90 days and neither he was produced before the judicial Magistrate on the date of filing of charge-sheet, nor the copy of the charge-sheet was supplied to him on the date of filing of charge-sheet as contemplated under Sec. 207 of the Cr.P.C. and ultimately, the copy was supplied on the 95th day i.e. on 23/09/2019 through his counsel, therefore, the accused/applicant is entitled to be released on bail under the default provision referred above. He further places reliance upon the decision of the Madhya Pradesh High Court in Dodha v. State of M.P.,1992 2 MPWN 125.