Summary
- Bombay High Court bench of Justice N. J. Jamadar in Robert Gragery D'Souza vs The State Of Maharashtra and Anr
- Whether the petitioner is entitled to statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973 due to non-filing of the charge-sheet within the stipulated period.
- Court observed that the provisions of Section 409 IPC were prima facie applicable to the facts of the case, thus justifying detention beyond 60 days.
- The court emphasized that a Magistrate must examine whether a particular offence is prima facie made out before determining entitlement to bail.
- This judgment clarifies the obligations of a Magistrate in assessing statutory bail applications, particularly regarding offences involving breach of trust.
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