Uday Mohanlal Acharya vs State Of Maharashtra on 29 March, 2001
38. This Court also dealt with the decision rendered
in Sanjay Dutt and noted that the principle laid down
by the Constitution Bench is to the effect that if the
charge-sheet is not filed and the right for "default
bail" has ripened into the status of indefeasibility, it
cannot be frustrated by the prosecution on any
pretext. The accused can avail his liberty by filing an
application stating that the statutory period for filing
the charge-sheet or challan has expired and the
same has not yet been filed and therefore the
indefeasible right has accrued in his or her favour
and further the accused is prepared to furnish the
bail bond.