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TMI Blog1995 (2) TMI 478X X X X Extracts X X X X X X X X Extracts X X X X ..... laneous Case No. 3492 of 1993, passed an order of compulsive bail holding the Accused-Respondents entitled to it by virtue of the provisions of Section 167(2) of the Code of Criminal Procedure on the basis that 90 days from the date of the authorised detention of the Respondents had expired and the challan had not been filed within that duration, entitling them to bail. It would be relevant to men ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the High Court was in error--Both in the matter of computation of the period of 90 days prescribed as also in applying the principle of compulsive bail on entertaining a petition after the challan was filed as the so called indefeasible right of the accused, in our view stood defeated by efflux of time. The prescribed period of 90 days, in. our view, would instantly commence either from 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 's view in entertaining the bail petition after the challan was filed was erroneous. The matter now stands settled in Sanjay Dutt v. State 1994 (31) ACC 702 (SC) in which case Hitendra Vishnu Thakur v. State of Maharashtra (1994) 4 SCC 602 : 1994 SCC (Cri) 1087 has aptly been explained away. The court is required to examine the availability of the right of compulsive bail on the date it is con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as erroneous, we allow this appeal and upset the order of the High Court and remit the matter back to it for consideration of the application for bail of the Accused-Respondents oh merits, if pleaded. The Accused-Respondents shall remain enlarged on bail for a period of four weeks from today. Let the order be communicated to the High Court forthwith who shall put to notice the Accused-Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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