Brief Facts
- The accused was arrested on 29.01.2022 and the 90 days provided under Section 167 Cr.PC for completing the investigation would have expired on 29.04.2022. Within the period of 90 days i.e., on 22.04.2022, IO prayed for extension of time for completing the investigation which came to be allowed by the Trial Court by granting extension of 30 days period and the same was communicated to the accused on 23.04.2022 itself. Thereafter, the IO again prayed for further extension which came to be allowed by the Trial Court on 22.05.2022 in the presence of the accused. In the meanwhile, the accused submitted a default bail application on 10.05.2022. The Application was dismissed by the Trial Court and even by the High Court.
Issues
- Whether, the accused is be entitled to the statutory/default bail under Section 167(2) of the Cr.PC on the ground that at the time when the extension of time for completing the investigation was prayed by the investigating agency and granted by the Trial Court the accused was not kept present in the court ?
Held
- When two extensions were granted by the Court which were not challenged and at the time when the default bail application was made on 10.05.2022 there was already an extension and even thereafter, also there was a second extension which was in presence of the accused and thereafter, when the chargesheet has been filed within the period of extension, the accused is not entitled to be released on statutory/default bail as prayed. Therefore, in the facts and circumstances of the case, we are in agreement with the ultimate conclusion reached by the High Court denying the statutory/default bail to the accused.
Relevant Para No.
- 7
