CHATAR SINGH Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and another
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(1.) This is an application seeking cancellation of bail granted by this Court vide order dated 22.04.2013. Applicant was in judicial custody with effect from 20.12.2012. Charge-sheet for the offence punishable under Section 304-B IPC was submitted on 18.03.2013. An application was moved, under Section 167 (2) Cr.P.C., by the accused respondent no. 2, herein, seeking default bail on the ground charge-sheet was not submitted within 60 days.
(2.) Mr. Pradeep Kumar Chauhan, Advocate for accused / respondent no. 2, herein, while placing reliance on the judgment of Karnataka High Court in the case of Nadeem Ahmed Vs. State, 2004 CrLJ 4798 as well as on the judgment of Jharkhand High Court in the case of Sunil Kumar Vs. State of Jharkhand, 2002 CrLJ 2507, argued that statutory period for filing charge-sheet for the offence punishable under Section 304-B IPC was sixty days.
(3.) Learned counsel for the respondent no. 2 while placing reliance on the dictum of Hon'ble Apex Court in case of Uday Mohanlal Acharya Vs. State of Maharastra, 2001 5 SCC 453 argued before me that if prosecution fails to file charge-sheet within the statutory period, the accused acquires indefeasible right of bail in default, therefore, if bail application is moved before submission of charge-sheet, accused must be enlarged on default bail.;
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