INDRABAHADUR LALBAHADUR KHATRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicants are claiming that they are entitled to be released on bail, in view of Clause (a) of the first proviso to Section 167(2) of the Code of Criminal Procedure (Code). According to them, the period stipulated by the said proviso was over, when they applied for bail, but the investigation was still incomplete, and that as such, a right to be released on bail had accrued in their favour, which has been wrongly denied to them.

(2.) I have heard Mr.Amit Desai, the learned Senior Advocate for the applicants and Mr.Gadkari, the learned APP for the State. I have gone through the application and the annexures thereto.

(3.) The facts which are not in dispute, may be stated as under: