Mumbai: The Special Judge for NDPS Cases at Greater Mumbai, M.S. Mungale (C.R. NO.44), has granted bail to Ravi Ramprasad Yadav, 24, who was arrested in connection with Versova Police Station C.R. No. 78 of 2018. The order, passed on October 6, 2018, emphasizes Yadav’s indefeasible right to default bail due to the prosecution’s failure to file the charge-sheet within the statutory 60-day period.
Yadav, a resident of Versova, Andheri (West), had filed his application under Section 439 read with Section 167(2) of the Code of Criminal Procedure. He contended that he was arrested on June 7, 2018, and remanded on June 8, 2018. The alleged offense, punishable under Section 8(c) read with 20(b) of the NDPS Act, carries a maximum punishment of up to 10 years imprisonment and a fine. As such, the prosecution was legally bound to file the charge-sheet within 60 days. Yadav pointed out that even after 91 days had passed (by the date he filed his bail application on September 7, 2018), the charge-sheet had not been filed, thereby entitling him to mandatory bail.
The Investigating Officer (I.O.), in their reply dated October 5, 2018, did not dispute that the charge-sheet was filed on September 7, 2018 (the 92nd day, and notably, the same day Yadav filed his bail application). They also confirmed Yadav’s arrest and remand dates. However, the I.O. opposed bail, arguing that Yadav had no permanent residential address (residing in a hut) and might abscond. They further contended that Yadav was a “habitual offender” due to a previous similar offense (C.R. No. 30/2015) registered against him at Versova police station.
After hearing arguments from Ms. Manisha Khemka, the learned advocate for Yadav, and Mr. B.G. Rajput, the learned A.P.P. for the State, Special Judge Mungale firmly rejected the prosecution’s arguments against default bail.
The court reiterated that for offenses punishable up to 10 years imprisonment, Section 167(2) of the Cr.P.C. mandates the filing of a charge-sheet within 60 days. Since the charge-sheet in this case was filed on the 92nd day, the court held that Yadav had an “as of right” entitlement to default bail. The Judge specifically stated: “I do not find any substance in the submission of learned A.P.P. that once the charge-sheet is filed, the accused looses his right under Section 167(2) of the Cr.P.C. The bail under Section 167(2) of the Cr.P.C. is mandatory bail and the Court has no jurisdiction to refuse to grant bail to the accused only because for any reason whatsoever the accused failed to exercise right for applying for bail after lapse of 60 days of his custody.”
Furthermore, the court also found merit in granting bail based on the case’s merits, noting that the maximum punishment for the alleged offense was 10 years, implying no reason to keep him behind bars for a prolonged period.
Accordingly, Bail Application No. 617 of 2018 was allowed. Ravi Ramprasad Yadav is to be released on bail upon:
- Executing a personal recognizance (PR) bond of Rs. 15,000/- and a surety of the like amount.
- Before submitting the bail bond, he must produce his address proof and photograph, which will be affixed to the charge-sheet.
- If unable to arrange for a surety, he is at liberty to be released on cash security of Rs. 20,000/-, subject to producing his address proof and photograph on record.
- He shall not tamper with the prosecution evidence and shall obey the usual terms and conditions of the bail bonds.
The application stands disposed of. The order was dictated and signed on October 6, 2018, and uploaded on October 8, 2018.