QAZI MOHAMMED NOORUDDIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This bail application has been filed by the applicant-Qazi Mohammed Nooruddin, who is in judicial custody, for seeking default bail in FIR No. 0496 of 2018, under Ss. 420, 120-B, 408 of IPC (currently in custody for offences under Ss. 420, 120-B, 409 of IPC), registered at Police Station SIDCUL, District Haridwar.

(3.) The applicant herein was arrested on 6/3/2019. It appears that the period of 60 days in the judicial custody has already expired, but the charge-sheet was not filed by that time. Thereafter, he moved an application on 10/5/2019 under Sec. 167(2) Cr.P.C. and prayed for the default bail. The learned Chief Judicial Magistrate rejected such application on 10/5/2019 holding that the charge sheet is to be filed within 90 days and not within 60 days.