The Court made the observation while setting aside a Madras High Court order denying bail to an accused despite non-filing of charge sheet within within the stipulated time.

The Court made the observation while setting aside a Madras High Court order denying bail to an accused despite non-filing of charge sheet within within the stipulated time.

A Bench headed by Justice Ashok Bhushan said the view of the High Court that restrictions imposed during the lockdown should not give the right to an accused for default bail even though the chargesheet has not been filed within the time prescribed under Section 167(2) of the Code of Criminal Procedure, is “clearly erroneous and not in accordance with law“.

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