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2018 (6) TMI 1810 - HC - Indian LawsSeeking grant of default bail - time limitation - statutory period for filing the charge sheet or Challan expired or not - HELD THAT:- The law is fairly settled at least from the Constitution Bench expression of the Apex Court in SANJAY DUTT VERSUS STATE THRU. C.B.I. BOMBAY [1994 (9) TMI 351 - SUPREME COURT]. Undisputedly, in these cases, the punishment provided for any of the offences is only up to 10 years and for one of the offences upto life and thus the charge-sheet must be filed from the very wording of Section 167 of Cr.P.C. within 90 days from the date of respective remand and, if not filed, for that default, in non-compliance with the statutory period to file the final report under Section 173 Cr.P.C. read with 167(2) Cr.P.C, the accused are entitled to the 'default bail', which is an indefeasible right to avail. Even there is no any controversy as to the default bail is to be granted is not from the date of default till filing of charge-sheet as a default bail once granted will enure till end of trial, that cloud is also cleared by the Apex Court. It is the duty of the Court if charge-sheet not filed within the statutory period, to release the detenu on bail. For that even an oral application is enough if at all accused wants to apply. There are some expressions saying even default bail granted when there is a subsequent filing of charge-sheet, the procedure contemplated if at all to cancel the bail and to take custody is as per Cr.P.C. It is crystal clear therefrom of only the bail sought to be cancelled as contemplated by Section 439(2) and 437(4) Cr.P.C. once the default bail is availed by the accused for non submission of the charge-sheet. Thus, once an application is made by the accused, after expiry of the statutory period of remand from non-filing of the charge sheet, he is entitled to the default bail and such a right cannot even be defeated by filing of charge sheet thereafter. So, the filing of the application either orally or in writing is a prerequisite, if not the Court chosen to grant the default bail, and once such an application is there, in recognition of his indefeasible right, he is entitled to the default bail, and that can no way be delayed even in its disposal - the petitioners/accused Nos. 5, 6, 8, 9, 10 and 12 respectively are entitled to the default bail. Thereby, the dismissal of the applications by the trial Court despite the petitioners-accused have chosen in filing written applications to avail the default bail is un-sustainable Petition allowed.
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