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2014 (6) TMI 1080 - HC - Indian LawsGrant of bail - bail is being sought on the ground that charge-sheet was not filed by the police within the stipulated period - HELD THAT:- Undoubtedly, the fact that the application for bail was filed and the Public Prosecutor had moved for extension prior to that, is distinguishable from the reported case, yet Hon'ble the Supreme Court having categorically held that the order of extension could not be passed retrospectively, the respondents could not derive any benefit from the impugned order. The learned Special Judge could not have granted extension from back date and it was for the Public Prosecutor to have moved the application well within time. The petition is allowed and the petitioner is held entitled to bail under Section 167(2) Cr.P.C. It goes without saying that this order is not to be taken as any expression of opinion on the merits of the case. Bail to the satisfaction of the trial Court/Vacation Judge.
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