Challenge in this application is to order of grant of bail in Criminal Misc. Application No. 142 of 2011 in I.CR No. 238 of 2010, a complaint registered with Chandkheda Police Station .
Heard learned advocate Mr.Kogje appearing for the petitioner. He contended that there is an indefeasible right to be enlarged on bail, if chargesheet has not been filed within stipulated period. The same would end, if before the enlargement of the accused, such a chargesheet has already been filed, for which he has sought to rely upon the judgement of Apex Court rendered in case of Pragyna Singh Thakur Vs. State of Maharashtra reported in (2011) 10 SCC 445 .
Issue notice to the respondents returnable on 20th July, 2012.
Ld.APP Mr.K.P.Rawal appears and waives service of notice for and on behalf of respondent No.2 -State. Direct service to respondent No.1 is permitted.
(Ms.Sonia Gokani, J) bina Top