KANTIBHAI JUVABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 18-7-84 passed by the Additional Sessions Judge Nadiad in Criminal Miscellaneous Application No. 209 of 1984 rejecting their application for bail under sec. 167(2)(a) of the Criminal Procedure Code the petitioners have preferred this application.

(2.) The petitioners were arrested on 3/04/1984 for causing murder of one Kantibhai Becharbhai. They were produced before the Judicial Magistrate on 4/04/1984. From 4/04/1984 they are in judicial custody. The investigating officer submitted charge-sheet on 3/07/1984. 1st July 1984 was Sundayunday and 2/07/1984 was declared as public holiday by the State Government on account of death of Shri Ravishanker Maharaj The petitioners filed an application on 12/07/1984 before the learned Sessions Judge Kaira at Nadiad for releasing them on bail on the ground that charge-sheet was not submitted within 90 days as 90 days were over on 2/07/1984 and therefore in view of the decision of this Court in case of Babubhai Parshottamdas v. State 22 G L R 1232 (F B.) the petitioners are entitled to be released on bail.

(3.) The learned Additional Sessions Judge rejected the said bail application solely relying upon the overruled decision of this Court in the case of Umedsinh Vakmati v. State 16 G. L. R. 572 and without taking into consideration the Full Bench decision in the case of Babubhai Parshottamdas (supra). The petitioners have therefore preferred this Miscellaneous Application against the said order.