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2020 (7) TMI 832 - HC - Indian LawsSeeking grant of default bail - whether the date of remand of the accused be excluded from computation of period of 90 days, as envisaged under Section 167(2) of Cr.P.C.? - HELD THAT:- In the case of SADHWI PRAGYNA SINGH THAKUR VERSUS STATE OF MAHARASHTRA [2011 (9) TMI 1078 - SUPREME COURT], it was observed that the relevant date of counting 90 days for filing the charge-sheet is the date of first order of remand and not the date of arrest. In SANJAY DUTT VERSUS STATE THRU. C.B.I. BOMBAY [1994 (9) TMI 351 - SUPREME COURT], the Constitution Bench considered the provisions of Section 167 of Cr. PC and Section 20 of TADA Act and it was held that the indefeasibly right accruing to the accused in such situation is enforceable only prior to filing of the challan and it does not survive or remain enforceable on the challan being filed, if already not availed of. Thus, consistently, it has been held that the detention is authorised from the date of remand and therefore, the period of 60 days or 90 days starts running from the date of the order of the remand. The date of remand has not been excluded in those decisions. The applicant was arrested and remanded to custody on 26th February 2020. The applicant was in custody from the date of first remand for a period of 4 days in the month of February (since February consisted of 29 days this year), 31 days in March, 30 days in April. 90 days were completed on 25th May, 2020. Application for default bail was preferred on 26th May, 2020 being 91st day, at 10.35 a.m. The Court called for report from the office and IO on the 26th May, 2020. The note put up by Office Superintendent indicate that after filling the application charge-sheet is received and it is under scrutiny and registration. It is not clear from the order as to when the cognizance was taken. Be that as it may application was prior in point of time. Hence the right under Section 167(2) of the Code had accrued in favour of applicant. The applicant is entitled for bail in accordance with aforesaid provision. The applicant is directed to be released on bail, registered with Navghar Police Station, in accordance with Section 167(2) of Cr.P.C. On executing P.R. Bond in the sum of Rs. 50,000/- with one or more sureties in the like amount - bail application allowed.
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