AFROZ AKHTAR Vs. STATE

JUDGEMENT

(1.) The points involved in this case are :-

(2.) Before I deal with these points, a few facts relevant to matter may be noted:

(3.) Case FIR No.289/95 was registered at PS Shakarpur under Section 302 against the petitioner and another person. FIR was registered on May 22, 1995 and the petitioner could not be arrested. He surrendered in the Court on May 27, 1995 and was taken into judicial custody. Notice of surrender was given to the police for 30th May, 1995 and the police, therefore, arrested the petitioner on 30th May, 1995 and the Magistrate remanded him to police custody. On 26th August, 1995 challan was filed in Court, however, in the morning on the same day, an application was filed by the petitioner in the Court for release on bail on the ground that the police had not filed the challan within the period of 90 days from the date of his surrender before the Magistrate and as such he was entitled to be released on bail as a matter of right. The Metropolitan Magistrate considered this plea of the petitioner and by order dated August 29, 1995 rejected the bail application holding that the accused was arrested on May 30, 1995 and challan had been filed in Court on 26th August, 1995 and, therefore, he was not entitled to the benefit of Section 167(2) of the Code.