Accused Is Not Entitled To Be Released On Statutory Bail As There Was Second Extension In His Presence: SC Rejects Plea
The Supreme Court has dismissed the appeals of an accused holding that he is not entitled to be released on statutory or default bail as there was second extension in his presence.
The Bench comprising Justice M.R. Shah and Justice C.T. Ravikumar said, “… when two extensions granted by the Court which are 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.”
The Bench agreed with the ultimate conclusion reached by the High Court denying the statutory/default bail to the accused.
Advocate Mehmood Pracha appeared on behalf of the appellant i.e., the accused while Solicitor General Tushar Mehta appeared on behalf of the respondent i.e., the State of Gujarat.
In this case, the appellant preferred appeals against the judgment and order passed by the Gujarat High Court whereby the Division Bench of the High Court dismissed the said appeals and refused to release the appellant i.e., the accused on a statutory bail (default bail) under Section 167(2) of the Cr.PC.
The question that arose for consideration before the Apex Court was whether in the facts and circumstances of the case, the appellant shall 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.
The Supreme Court in view of the above context asserted, “… we are of the view that the appellant is not entitled to the relief of statutory/default bail. … However, it will be open for the accused to prayer for regular bail which may be considered in accordance with law and on its own merits.”
Accordingly, the Court dismissed the appeals.
Cause Title- Qamar Ghani Usmani v. The State of Gujarat
