Alla Kouadio Boris v. the State of Maharashtra
Case brief
What is this about?
The High Court rejected the application for default bail, holding that the investigating agency did not commit a default as the charge-sheet was duly tendered within the 180-day limit during the pandemic lockdown, satisfying the statutory requirements despite procedural delays in physical submission.
What the court decided
1/11 BA 1432-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1432 OF 2021
Alla Kouadio Boris
.. Applicant
Versus
The State of Maharashtra .. Respondent
Mr.Ayaz Khan for the applicant. Mr. S.V.Gavand, APP for the State. PSI Shankar Pawale from ANC, Bandra Unit.
CORAM: BHARATI DANGRE, J. DATED : 18th OCTOBER, 2022
P.C:-
1 The present application is filed under Section 167(2) of Cr.P.C and the applicant seek his release on default bail with a submission being advanced that no charge-sheet was filed within the prescribed period of 180 days, and therefore, on an application being moved, after expiry of the said period, an indefeasible right has accrued in the applicant, for being released on bail.
2 Heard Advocate Ayaz Khan for the applicant and learned APP Mr.Gavand for the State.
Issues for consideration
3 issues framed by the court
Whether an indefeasible right to default bail accrued to the applicant given the charge-sheet was tendered to the court on the 152nd day during the pandemic lockdown.
Whether the direction by the court to re-submit the physical copy of the charge-sheet after lockdown relaxation constituted a valid file date within the 180-day limit.
Whether the investigating agency committed a default in filing the charge-sheet within the prescribed statutory period.
Parties & counsel
- applicant
Alla Kouadio Boris
- respondent
The State of Maharashtra
Coram
Bharati Dangre
Case details
As recorded by the court registry
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