The single-judge bench of the Nagpur High Court dismissed a bail application as infructuous after the advocate submitted that the vacancy in the chargesheet within 90 days entitled the applicant to release on bail under Section 167(2) CrPC.
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1 ba954.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRI. APPLICATION (BA) NO.954 OF 2016
(KARAN PANNALAL BRAHMANE...VS.. STATE OF MAH. THR. P.S.O. PS WANI, DIST. YAVATMAL)
Shri A.R.Wagh, Advocate for applicant. Shri A.M.Deshpande, A.P.P. for non-applicant.
CORAM : Z.A.HAQ, J. DATED : JUNE 06, 2017.
The learned advocate for the applicant states that as the chargesheet was not filed within 90 days, the applicant is released on bail giving benefit of Section 167(2) of the Code of Criminal Procedure and therefore, the application has become infructuous.
Accepting the submission made by the learned advocate for the applicant, the application is dismissed as infructuous.
JUDGE
RRaut ..
1 issue framed by the court
Whether a bail application under Section 439 CrPC should be decided when the delay in framing the chargesheet renders the applicant entitled to anticipatory relief.
KARAN PANNALAL BRAHMANE
Z.A.HAQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
