Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2023 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (3) TMI 387 - HC - Money LaunderingMaintainability of petition - petition for mandatory bail under Section 16(2) has been filed even after filing of alleged charge sheet - Section 167(2) of Cr.P.C. - HELD THAT:- The present petition was filed on 17.01.2023 nearly after 53 days after the statutory period of 60 days, as such, it cannot be said that the right of bail under Section 167(2) of Cr.P.C and the petition are maintainable. In the event of an application being made on 26.11.2022, the approach of this Court would have been on the circumstances prevailing then. However, when no application was made on the 60th day and the petitioner suffering dismissal order of bail on 07.12.2022, cannot urge the Special Court to entertain an application for default bail which was filed on 17.01.2023 taking recourse to the judgment of this Court in the case of C.Parthasarathy’s case [2022 (6) TMI 164 - TELANGANA HIGH COURT]. The prayer for directing the Special Judge to entertain the default bail application vide SR No.548 of 2023 which was filed on 17.01.2023 nearly 113 days after his arrest. Statutory bail application under Section 167(2) of Cr.P.C has to be made on the date on which the right accrues which may be 60 or 90 or 180 days or 12 months as the case may be. Filing an application subsequently and asking the Court to entertain the application as ‘status quo ante’, cannot be permitted. The Criminal Petition is dismissed.
|