AKHLAQUE AHMAD MOHAMMAD MUSTAFA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant seeks his release on bail under Section 167(2) of the Code of Criminal Procedure ("Cr.P.C.") being arraigned as an accused in C.R. No.36 of 2020 registered with Ayesha Nagar Police Station, Malegaon, District Nashik, invoking Sections 420, 465, 466, 468, 471 read with Section 34 of the IPC, Section 12(B) of the Passport Act, Rules 3 and 6 of the Passport (Entry into India) Rules, 1950, Section 3(1) of the Foreigners Order 1948 and Section 14(b) Report to Police Rules, 2001.

(2.) The Applicant has approached this court on rejection of his application filed under Section 167(2) of the Cr.P.C. by the Additional Chief Judicial Magistrate at Malegon on 05/01/2021 and further order passed by the Sessions Court at Malegaon on 14/01/2021 in Criminal Revision Application No.1 of 2021, upholding the earlier order.

(3.) Since this is an Application seeking default bail, I need not go into the merits of the matter as the release is sought on the ground that on expiry of the mandatory period for filing charge- sheet in the C.R., in which the Applicant is arraigned as an accused, there is a default creating an indefeasible right in the Applicant to be released on bail on account the said default.