SUNDAR @ SAKTHIVEL AND OTHERS Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to set aside the order passed by the Principal Sessions Judge, Puducherry in Crl.M.P. No.1173/2017, whereby, the bail granted to the petitioners by the learned Judicial Magistrate-I, Puducherry was cancelled.

(2.) The main ground on which the petitioners seeks for setting aside the impugned order, is that the Court below was made to believe that the charge sheet was filed within a period of 90 days.

(3.) The learned counsel for the petitioners submitted that charge sheet was filed on 15.06.2017, which is beyond the period of 90 days and therefore the petitioners are entitled for grant of bail under section 167 (2) of Cr.P.C. The learned Public Prosecutor submitted that the charge sheet was filed only on 15.05.2017 and that since it was returned for rectification, the same came to be re-presented on 12.06.2017 and as such, the date of filing charge sheet has to be taken as 15.05.2017 and as 15.06.2017 in which case the charge sheet is deemed to have been filed within 90 days.