New Delhi [India], April 10 : The Supreme Court on Monday rejected Qamar Gh Usm's plea challenging the Gujarat High Court order which refused his plea seeking statutory bail in a murder case in Gujarat's Dhandhuka.
A bench of justices MR Shah and CT Ravikumar rejected the appeal filed by Usm against the Gujarat High Court order.
The court said, "The appellant (Usm) is not entitled to the benefit of statutory/default bail. Under the circumstances, the present appeals deserve to be dismissed and are accordingly dismissed."
However, the court said that it will be open for the accused to pray for regular bail which may be considered in accordance with the law and on its own merits.
Qamar Gh Usm has challenged the Gujarat High Court order dated September 23, 2022, which has dismissed his appeals and refused to release him on statutory bail (default bail) under Section 167(2) of the CrPC.
Qamar Gh Usm was arrested on January 29, 2022. The 90 days period as provided
under Section 167 of the CrPC, therefore, was to expire on April 29, 2022.
However, on April 22, 2022, the Investigating Officer prayed for an extension of time to complete the investigation which came to be granted by the Trial Court by granting an extension of 30 days period. The accused came to be informed about the extension on April 23, 2022.
On May 22, 2022, the Investigating Officer again prayed for further extension, which was allowed in the presence of the accused.
Qamar Gh Usm moved an application seeking default bail on May 10, 2022, on the ground that at the time when the first extension was granted on April 22, 2022, the same was not in his presence and therefore, the first extension was bad in law and therefore, he has right to get the default bail. Trial Court rejected his appeal.
He moved High Court which also rejected his appeals. He thereafter moved the top court against the Gujarat High Court order.
The top court noted that extensions granted by the trial Court are not challenged and at the time when the default bail application was made on May 10, 2022, there was already an extension and even thereafter, also there was a second extension which was in presence of the accused and thereafter, when the chargesheet has been filed within the period of extension, the accused is not entitled to be released on statutory/default bail as prayed.
"Therefore, in the facts and circumstances of the case, we are in agreement with the ultimate conclusion reached by the High Court denying the statutory/default bail to the accused," the top court said.
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