VIVEK GAUR Vs. STATE

JUDGEMENT

(1.) Heard. In so far as question of releasing the accused on bail under Section 167(2) Cr.P.C. on the ground that police report or charge-sheet was not filed within 90 days and the application was filed before filing of the Challan is concerned, in view of State of M.P. Vs. Rustom and others, 1995 0 SCC(Cr) 830, it is not possible to accept the contention of the learned counsel for the petitioner. The relevant observation of the Supreme Court are reproduced below:

(2.) Firstly, record of the Trial Court shows that Challan was filed earlier in point of time than the filing of the application on the same day. Secondly, even if it is supposed that Challan was filed on the same day but after filing of the application, the Court was required to examine the right of release on bail under Section 167(2) Cr.P.C. at the time of considering the application and not at the time of filing of the application. It may be mentioned that there is no dispute that when the application was considered and rejected by the learned M.M. refusing to release the petitioner on bail under Section 167(2) Cr.P.C. Challan was pending in the Court.

(3.) However learned counsel has further urged that there are a number of discrepancies in investigation and submitted that the deceased met with a road accident after he was brought to the police station and it is so mentioned in the death summary by mentioning R.T.A. The deceased has allegedly committed theft of the stereo of the car of the accused. The deceased was brought to the police station. According to the prosecution in injured and unconscious condition and there is evidence that the accused had beaten the deceased. The submission of the Ld. counsel accused Shri Mishra is that it was not so and the death had occurred in police custody and the police in order to save their own skin brought the accused for his house on false pretext of identifying the stolen stereo which they had allegedly recovered from Ramesh deceased on 11th October, 1998 at 9.30 PM. and thereafter he was falsely implicated in this case.