STATE NCT OF DELHI Vs. RIYAZUDDIN

JUDGEMENT

(1.) This revision under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure (hereinafter referred as 'Qr.P.C.') read with Article 227 of the Constitution of India is directed against the order dtd. 25/5/2019 passed by the learned ASJ-05, Shahdara, Karkardooma, Courts, Delhi, in Criminal Revision No.20/2019, whereby the order passed by the learned MM dtd. 15/4/2019, rejecting an application under Sec. 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 Sec. 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 14/4/2019 itself and, therefore, the learned MM had rightly rejected his application for grant of default bail under Sec. 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 Pradesh in Criminal Miscellaneous Case No. 63866/2021, Baludas v. State of Madhya Pradesh dtd. 10/5/2022.

(3.) I have heard learned APP for the State/petitioner and perused the record. The following are the undisputed facts in the instant case:-