Vikas Kumar S/O Indraj Singh vs State Of Rajasthan
2021 Latest Caselaw 5567 Raj/2

      PHIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 2944/2021

Vikas Kumar S/o Indraj Singh, R/o Village Kishari, Post Bahur
Bass, Police Station Mandawa, District Jhunjhunu (Rajasthan).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Petitioner(s) : Mr. Sukhdev Singh Solanki For Respondent(s) : Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

04/10/2021 This criminal misc. petition under Section 482 has been filed

assailing the validity of the judgment dated 26.03.2021 passed by

the learned Additional Sessions Judge No.1, Jaipur Metropolitan-I

whereby the revision petition filed against the order dated

06.03.2021 passed by the Court of learned Chief Metropolitan

Magistrate, Jaipur Metropolitan-I dismissing the application filed

by the accused-petitioner under Section 167(2) Cr.P.C., has been

dismissed.

Learned counsel for the petitioner submits that charge

sheet/complaint in the present case was filed beyond the period of

60/90 days and hence, he was entitled for the benefit of default

bail. He, therefore, relying on the judgment of Hon'ble Apex Court

of India in case of Rakesh Kumar Paul Vs. State of Assam:

(2017) 15 SCC 67, prayed for benefit of bail.

Learned Public Prosecutor has opposed the prayer.

(2 of 2) [CRLMP-2944/2021]

Indisputably, the application seeking default bail came to be

filed by the petitioner after about five months from the date of

filing of the charge sheet/complaint against the petitioner under

Sections 3 and 3/9 of Official Secrets Act, 1923 and no application

seeking bail was pending on the day the charge sheet/complaint

was filed. It is trite law that indefeasible right under Section

167(2) Cr.P.C. is available only if application is filed before filing of

the charge sheet and once charge sheet has been filed, one

cannot take benefit of default bail by moving an application

subsequently. In the aforesaid circumstances, the learned

revisional Court has committed no error in dismissing the revision

petition filed by the petitioner.

This criminal misc. petition is dismissed being devoid of

merit.

(MAHENDAR KUMAR GOYAL),J

MADAN/40

Powered by TCPDF (www.tcpdf.org)