TMI Blog2023 (3) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Cri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned Sessions Judge passed orders as follows: The petition is filed under section 167(2) of CrPC, date of remand was 27.9.2022 but the charge sheet filed on 25.11.2022, thereafter once the Hon ble High Court dismissed the bail application in Crl. Petition No.9695/2022 on 7.12.2022 i.e., after statutory period of 60 days this court cannot entertain the bail application. Hence, the petition is returned. 6. Learned Senior Counsel appearing for the petitioner would submit that the petitioner was arrested on 26.09.2022 and was in judicial custody since 27.09.2022. The right to statutory bail under Section 167(2) of Cr.P.C accrued on 26.11.2022. Though the compliant was filed on 25.11.2022, the same was filed pending further invest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel appearing for the Enforcement Directorate would submit that complaint was filed on 25.11.2022 and was numbered as SR No.11520 of 2022 on 25.11.2022. In the said circumstances, the claim of the petitioner that a statutory right for bail has accrued on 26.11.2022 is incorrect. Further, the bail application filed by this petitioner for grant of bail was refused by this Court in Criminal Petition No.9695 of 2022 on 07.12.2022 and accordingly prayed to dismiss the petition. 8. A perusal of the record reveals that the petitioner was arrested on 26.09.2022 and remanded on 27.09.2022. The right accrued for default bail was on 26.11.2022. Further, complaint was filed on 25.11.2022. Thereafter, the petitioner had pursued his remedy for bail be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
