ZAMEER PASHA @ BABA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP for the respondent/State.

(2.) The petitioner is seeking to enlarge him on bail in Crime No.7/2020 of J.J.Nagar Police Station registered for the offences punishable under Sections 120-B , 143 , 147 , 302 r/w. Section 149 of IPC.

(3.) The learned counsel for the petitioner submits that the petitioner shown as accused No.1 in the First Information Report was arrested on 29.01.2020 and he was remanded to judicial custody. Since the charge-sheet was not filed within the statutory period of 90 days, he filed an application before the learned Magistrate under Section 167(2) of Cr.P.C., seeking statutory bail. However, the learned Magistrate rejected the said application and therefore he filed a petition before the learned Sessions Judge, seeking similar relief. However, even the said petition came to be dismissed. Hence, he has approached this Court. The learned counsel contends that since the charge-sheet has not been filed within the statutory period, the petitioner is entitled to be released on bail as held in catena of decisions.