IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4477 OF 2008 CRIMINAL APPLICATION NO. 4477 OF 2008 CRIMINAL APPLICATION NO. 4477 OF 2008 Shoukat Harun Jamadar ...Applicant (Orig.Accused) vs. The State of Maharashtra ...Respondent Mr.Gujabe i/b. Mr.S.D. Dharmadhikari for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 16, 2009 DATED : FEBRUARY 16, 2009 DATED : FEBRUARY 16, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. A short point raised in this application is that though the charge-sheet was filed by the prosecution within 90 days from the date of remand, it is an admitted position that the charge-sheet was not filed within a period of 90 days and prior to that the applicant had already filed an application for bail. In view of this and in view of the ratio laid down by the Apex Court in the case of Uday Mohanlal Acharya vs. Uday Mohanlal Acharya vs. Uday Mohanlal Acharya vs. State of Maharashtra, reported in AIR 2001 SC 1910, State of Maharashtra, reported in AIR 2001 SC 1910, State of Maharashtra, reported in AIR 2001 SC 1910, the applicant deserves to be released on bail. The trial - 2 - court had erred in holding that the period of limitation has to be counted from the 2nd day after the date of remand which finding is directly contrary to the ratio of the judgment in Uday Acharya case (supra) Uday Acharya case (supra) Uday Acharya case (supra). Under the circumstances and an indefeasible right has accrued in favour of the applicant, the applicant is entitled to be released on bail under the provisions of Section 167(2) of the Cr.P.C. 3. The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. 4. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)