ROBERT GRAGERY DSOUZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, and, with the consent of learned Counsel for the parties, heard finally.

(2.) By this petition under Article 226 of the Constitution of India and Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 ('BNSS, 2023) (Sec. 482 of the Code of Criminal Procedure, 1973), the petitioner assails the legality and correctness of an order dtd. 9/12/2025 passed by the learned Magistrate, Vasai whereby an application preferred by the petitioner to enlarge him on default bail under the provisions of Sec. 167(2) of the Code of Criminal Procedure, 1973 ('the Code, 1973'), came to be rejected.

(3.) Shorn of superfluities, the background facts can be stated as under:-