PILLOO SINGH RAJPUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This is a repeat application for bail under Section 439 of Cr.P.C. The first bail application was dismissed on 18-9-2006 in M.Cr.C. No. 2558 of 2006 since withdrawn by the applicant.

(3.) Brief facts are that in Crime No. 166 of 2006 of Police Station Manendragrarh for offence punishable under Sections 302 and 120-B read with Section 34 of the IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'), the applicant herein was arrested on 27-7-2006. He was produced before the Magistrate on 28-7-2006. Before the filing of challan at 02.45 p.m. on 26-10-2006 the accused had exercised the indefeasible right under the Proviso to Sub-section (2) of Section 167, Cr.P.C. for being released on bail at 11.25 a.m. Challan was filed at 2.45 p.m. on the same day. The learned Judicial Magistrate First Class, Manendragarh, rejected the application filed by the accused under Sub-section (2) of Section 167, Cr.P.C. on an erroneous computation of the period of 90 days from the date of arrest of the accused by excluding the day of production of the accused before the Magistrate.