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Raghvendra Narvariya vs State Of Chhattisgarh 39 Cra/1062/2013 ... on 17 January, 2020 cites

Sanjay Dutt vs State Of Maharashtra Tr.Cbi,Bombay on 21 March, 2013

5. The question as to whether the applicant/accused would be entitled for default bail if the charge­ sheet is filed after expiry of 90 days from the date of first remand and the application under Section 167 (2) of the Cr.P.C. is filed 4 thereafter, is no longer res integra as it has been decided by the Supreme Court in various decisions including the decision rendered by the Constitution Bench in Sanjay Dutt v. State1 which has further been followed in the recent decision of the Supreme Court in Rakesh Kumar Paul v. State of Assam2 wherein it has been held that the indefeasible right accruing to the accused is enforceable only prior to the filing of the charge­sheet and it does not survive or remain enforceable thereafter, if already not availed of. Their Lordships, while relying upon the decision of the Constitution Bench in Sanjay Dutt (supra), have held as under in paragraphs 36, 38 and 39 of the report :­ "36. While dealing with this common stance, the Constitution Bench in Sanjay Dutt made it clear in paragraph 48 of the Report that the indefeasible right accruing to the accused is enforceable only prior to the filing of the charge sheet and it does not survive or remain enforceable thereafter, if already not availed of. In other words, the Constitution Bench took the view that the indefeasible right of "default bail"
Supreme Court of India Cites 88 - Cited by 365 - P Sathasivam - Full Document

Mohammed Azharuddin Mazhar @ Iqbal ... vs The State Of Maharashtra on 23 August, 2019

39. This Court also noted that apart from the possibility of the prosecution frustrating the indefeasible right, there are occasions when even the court frustrates the indefeasible right. Reference was made to Mohd. Iqbal Madar Sheikh v. State of Maharashtra4 wherein it was observed that some courts keep the application for 'default bail' pending for some days so that in the meantime a charge sheet is submitted. While such a practice both on the part of prosecution as well as some courts must be very strongly and vehemently discouraged, we reiterate that no subterfuge should be resorted to, to defeat the indefeasible right of the accused for 'default bail' during the interregnum when the statutory period for filing the charge sheet or challan expires and the submission of the charge sheet or challan in court."
Bombay High Court Cites 1 - Cited by 5 - R M Dere - Full Document
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