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Judgment
B. P. Routray, J
Heard Mr. M. Chand, learned counsel for the Petitioners and Mr. K.K. Das, learned Additional Standing Counsel.
The Petitioner has prayed for his release on default bail in the present application.
It is submitted on behalf of the Petitioner that though six months’ period was completed on 10th May, 2020 and charge-sheet was filed on 15th May, 2020 without any prayer for extending the period, but without dealing with the delay period same the charge-sheet was accepted depriving the Petitioner from the privilege of default bail. It is also submitted by Mr. Chand that in the matter of default bail the Petitioner need not file any separate petition, but it is the duty casted upon the court to inform the accused about his right.
In course of hearing, it reveals that the Petitioner without approaching the learned trial court at the first instance has come before this court directly. In such view of the matter, the CRLMC is disposed of giving liberty to the Petitioner to move the trial court at the first instance and in such event, if a petition is filed within two weeks from today, the same shall be disposed of in accordance with law by the Trial court within next ten days thereafter.
With the aforesaid observations and directions the CRLMC is disposed of.
An urgent certified copy of this order be issued as per rules.
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