Code of Criminal Procedure, 1973–Secs. 167(2) & 439–Default/Regular Bail–Entitlement –Matter is politically sensitive–Co-ordinate Bench of this Court restrained the Investigation Agency from filing the charge-sheet–Therefore, the charge-sheet could not be filed within 90 days–Thereafter, the permission for filing the charge-sheet was granted by this Court with the observation that the accused-persons cannot take the advantage of fact that the charge-sheet has not been filed–Order attained finality as it was not challenged–Whether the accused can take the advantage of the fact that period of 90 days to file the charge-sheet against them has been lapsed ?–Held, no–Further held, I.A. filed by the appellants in the present criminal revision petition is not tenable in the eyes of law because the Court below passed the impugned order while exercising the jurisdiction u/s. 439 which is coextensive with this Court–Further, the petitioners concealed the fact of filing the default bail u/s. 167(2) and the criminal revision petition against the order of dismissing the default bail application–Declined to grant the bail.
