SAURABH @ NEETU Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Section 482 Cr.P.C. assailing the order dated 22.5.12 passed by Sh.S.C.Rajan, Additional Sessions Judge, Dwarka Courts in Crl.Rev. No.98/12.

(2.) BRIEFLY stated the facts of the case are that the petitioner is an accused in case titled State Vs. Mukesh Rai & Ors. which was registered vide FIR no.46/11, u/S 302/365/201/404/419/420/468/120B/34 IPC of PS Palam Village.

(3.) ON 12.1.2012, the present petitioner was arrested by Head Constable Naresh Kumar of P.S. Greater Kailash in pursuance to the powers under Section 41(1) (c) of Cr.P.C. and he was remanded to judicial custody on 13.1.12 when he was produced before the learned Magistrate. Necessary intimation was given to the concerned police station where FIR no.46/11 was registered, whereupon after completing the formalities, appropriate application before the learned Magistrate was filed on 16.1.12 seeking permission to formally arrest the present petitioner in the case pertaining to kidnapping, murder, cheating and using forged document as genuine. The IO obtained police remand and on 20.1.12, the accused was remanded to judicial custody again. On 11.4.12, the petitioner filed an application u/S 167(2) (a)(i) of Cr.P.C. seeking statutory bail on the ground that he had been in custody for 90 days from the date of his arrest on 12.1.12 and therefore, he be enlarged on bail.