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The Court remarked the trial Judge did not spare any time to peruse/follow the settled and binding legal position and, on extraneous reasons, dismissed the application for grant of default bail, despite accrual of an indefeasible right to the accused due to non-filing of charge-sheet within the stipulated period.
The Court held that only the period of actual custody undergone by an accused can be considered while computing the permissible period for police custody or statutory bail, and the duration during which an accused remains on interim bail cannot be counted as detention.
“The provision of Section 187(3) BNSS were mandatory in nature and any slightest departure with the statutory mandate had impact of impairing the constitutional right of liberty of an individual although facing the accusations.”
‘Unless an order of remand under Section 187of the BNSS is passed, the initial arrest of the arrestee beyond the period of 24 hours from the time of his arrest will become illegal.’