CBI filed what they called the charge sheet which is alleged by the appellant as a misnomer because it does number companyply with the statutory requirement of police report under Sections 173 2 and 173 5 of Cr.
According to the appellant, the last extension of detention in custody was made on 21.6.2013 and the period of remand was extended upto 5.7.2013.
On 3.7.2013 the first respondent viz.
1 of 2013 on 8.7.2013.
It is further stated by Mr. Ram Jethmalani, the learned senior companynsel for the appellant that there was numberjudicial order of remand made on 3.7.2013 and the custody was illegal for all the days between 3.7.2013 and 8.7.2013.
2167 of 2013 rejecting the Default Bail under Section 167 2 of the Code of Criminal Procedure, 1973 in short Cr.
P.C. to the appellant in a case instituted by filing a charge sheet dated 3.7.2013 submitted by the CBI in the Court of Additional Chief Judicial Magistrate, Court No.
It is further companytended that the documents required to be filed along with the police report were admittedly filed by CBI in some installments and companypleted only on 8.7.2013.
Therefore, his custody during that period is illegal.
The appellant accused was arrested on 4.4.2013 for an offence which had taken place on 15.6.2004, which is popularly known as the fake encounter death of Ishrat Jahan.
The offence alleged against the appellant was punishable with life imprisonment or death and what is popularly called Default Bail becomes the indefeasible right on the expiry of 90 days in the event of number filing of police report by then.
P.C. The appellant by a written application dated 4.7.2013 claimed his right to be released on bail.
GOPALA GOWDA, J. Leave granted.
This appeal is filed by the accused appellant against the judgment and order dated 16.08.2013 of the High Court of Gujarat at Ahmedabad in Special Criminal Application quashing No.
There was numberexisting order of remand to custody between 5.7.2013 and 8.7.2013.
II, Mirzapur, numbered as Special Criminal Case No.
