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Ahmedabad Sessions Court grants default bail to 3 dacoity accused as chargesheet misses 90 days

Application filed on day 91, before the chargesheet; the right under S. 187(3) BNSS had accrued.

AI-drafted · Reviewed by Adv. [Reviewer Name]Bar Council of Gujarat, enrolment [G/0000/2014] · reviewed · How we verify
Order dated 26.09.2026PDF · 5 pages · 144 KB
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00Background

The applicants were remanded on 25 June 2026. The chargesheet had not been filed by the 90th day. They applied for default bail on the 91st; the prosecution filed the chargesheet later the same day.

01Submissions

For the applicants

The right to default bail accrues when the period expires and it is claimed. A chargesheet filed after the application cannot defeat it.

For the prosecution

The chargesheet was filed on the day the application was heard, so the applicants are no longer entitled.

02Observations

The Court went by the time stamps: the application was received before the chargesheet was filed. It held that the right, once claimed, could not be taken away by the later filing.

03Findings & directions

  1. Default bail granted to the three applicants on bonds of ₹25,000 each with one surety.
  2. Applicants to appear on every date of trial.

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