LAWS(UTN)-2019-5-88

QAZI MOHAMMED NOORUDDIN Vs. STATE OF UTTARAKHAND

Decided On May 31, 2019
Qazi Mohammed Nooruddin Appellant
V/S
STATE OF UTTARAKHAND Respondents

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. 03.2019. 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. 05.2019 holding that the charge sheet is to be filed within 90 days and not within 60 days.