Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2014 (6) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (6) TMI 1018 - SC - Indian LawsGrant of Bail - time limitation for filing charge sheet - bail granted solely on the ground that he was entitled to the benefit under the proviso appended to Section 167(2) CrPC of Criminal Procedure - extension of time to file the charge-sheet after expiry of the initial period and filing the same after certain period - Held that:- Prior to the date of expiry of 90 days which is the initial period for filing the charge-sheet, the prosecution neither had filed the charge-sheet nor had it filed an application for extension. Had an application for extension been filed, then the matter would have been totally different. After the accused respondent filed the application, the prosecution submitted an application seeking extension of time for filing of the charge-sheet - In the instant case, the day the accused filed the application for benefit of the default provision as engrafted under proviso to sub- Section (2) of Section 167 CrPC the Court required the accused to file a rejoinder affidavit by the time the initial period provided under the statute had expired. There was no question of any contest as if the application for extension had been filed prior to the expiry of time. A Court cannot act to extinguish the right of an accused if the law so confers on him. Law has to prevail. The prosecution cannot avail such subterfuges to frustrate or destroy the legal right of the accused. Such an act is not permissible. There are no error in the order of the High Court in overturning the order refusing bail and extending the benefit to the respondent - appeal dismissed.
|