S.KASI Vs. STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT
SUPREME COURT OF INDIA
State Through The Inspector Of Police Samaynallur Police Station Madurai District
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ASHOK BHUSHAN,J. -
(1.)This appeal has been filed questioning the judgment of Madurai Bench of Madras High Court dated 11.05.2020 in Crl.OP(MD) No.5296 of 2020 by which judgment the bail application of the appellant has been dismissed.
(2.)Brief facts giving rise to this appeal are:-
2.1. The appellant is an accused in Crime No.495 of 2015 under Sections 457, 380, 457(2), 380(2), 411(2) and 414(2) of Indian Penal Code. The appellant was arrested on 21.02.2020 in the above case and lodged in Central Prison, Trichy. The bail application of the appellant under Section 439 was rejected by the trial court on 30.04.2020. After being in judicial custody for more than 73 days, the appellant filed an application Crl.OP(MD)No.5296 of 2020 before the High Court of Judicature of Madras at Madurai Bench praying for grant of bail on account of passage of such 73 days and non-filing of charge sheet. One of the contentions of the appellant before the High Court was that charge sheet having not been filed, the appellant is entitled for bail by default as contemplated under Section 167(2) of the Code of Criminal Procedure.
2.2. The High Court referring to an order of this Court dated 23.03.2020 passed in Suo Moto W.P.(C) No.3 of 2020 took the view: -
"...The Supreme Court order eclipses all provisions prescribing period of limitation until further orders. Undoubtedly, it eclipses the time prescribed under Section 17(2) of the code of Criminal Procedure. . . "
2.3 Aggrieved by the order of the Madras High Court dated 11.05.2020, this appeal has been filed.
(3.)We have heard Shri Sidharth Luthra, learned senior counsel appearing for the appellant and Shri Jayanth Muthuraj, learned Additional Advocate General for the State.
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