RAKESH KUMAR GUPTA ALIAS KAUSEL KUMAR Vs. STATE

JUDGEMENT

(1.) The defect pointed out by the office be ignored

(2.) HEARD learned counsel for the petitioner and the learned Add!. Public Prosecutor.

(3.) IT is submitted on behalf of the petitioner that the ground given by the learned Addl. Sessions Judge is not tenable because the right of the petitioner to be released on bail Under Section 167(2) of the Code is absolute and his right for such bail is not to be effected by filing of charge -sheet. The learned Addl. Public Prosecutor on the other hand, contends that once charge -sheet1 is filed before prayer for bail is made, the accused is not entitled to be released on bail as of right. So the short question that falls for consideration is whether an accused is entitled to be released on bail as of right, if charge -sheet has already been filed by the time the prayer for bail is moved.