MAN SINGH SAROJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the applicant, the learned AGA and perused the record.

(2.) The learned counsel for the applicant has placed reliance on Uday Mohanlal Acharya v. State of Maharashtra, 2001 SCC(Cri) 760. In that case the Apex Court has held that the accused has indefeasible right of bail if a charge sheet/complaint is not filed within the statutory period provided the accused is prepared to and does furnish bail. In other words, if the investigating agency fails to file the charge sheet/complaint within the statutory period, the accused is entitled to be released on bail but in case the accused does not seek bail and in the meantime the charge sheet/complaint is filed he will not be entitled to claim any bail and that right stands extinguished. It was also held that if the accused applies for bail and the investigating agency, before disposal of the accused's bail application, files charge sheet/complaint, the accused's right to claim bail under Section 167 (2) CrPC does not extinguish and in that situation he may not be denied bail on the ground of filing of charge sheet before disposal of his bail application.

(3.) Admittedly in this case, charge sheet was not filed within the statutory period of 180 days and the court concerned neither extended that period nor any prayer for extension was made and the applicant moved an application for bail before filing of the charge sheet and that application was pending on the date of filing of the charge sheet/complaint. As such the aforesaid principles are fully applicable and the applicant seems to be entitled to bail under Section 167 (2) CrPC.