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1 - 10 of 21 (0.23 seconds)U.O.I. Thr. Cbi vs Nirala Yadav@Raja Ram Yadav@Deepak ... on 30 June, 2014
We are
concerned with Conclusion (3) which reads as
follows: (Nirala Yadav case, SCC p. 472, para 24)
"13.(3) On the expiry of the said period of 90 days or
60 days, as b the case may be, an indefeasible right
accrues in favour of the accused for being released
on bail on account of default by the investigating
agency in the completion of the investigation within
the period prescribed and the accused is entitled to
1 (2017) 15 SCC 67
7/21
Darshan Patil BA-1061-23.odt
be released on bail, if he is prepared to and furnishes
the bail as directed by the Magistrate.'
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.
Mohammed Azharuddin Mazhar @ Iqbal ... vs The State Of Maharashtra on 12 August, 2021
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
Maharashtra 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 the 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.