Right to get released on bail is lost if case chagesheet is filed when application for bail u/s 167 is pending
The
right under Section 167(2) of Cr.P.C. to be
released on bail on default if charge sheet is not
filed within 90 days from the date of first remand
is not an absolute or indefeasible right. The said
right would be lost if charge sheet is filed and
would not survive after the filing of the charge
sheet. In other words, even if an application for
bail is filed on the ground that charge sheet was
not filed within 90 days, but before the
consideration of the same and before being
released on bail, if charge sheet is filed, the said
39right to be released on bail would be lost. After
the filing of the charge sheet, if the accused is to
be released on bail, it can be only on merits.
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1845 OF 2011
(Arising out of S.L.P. (Criminal) No. 5908 of 2010)
Sadhwi Pragyna Singh Thakur ... Appellant
Versus
State of Maharashtra ...Respondent
