LAWS(ALL)-1991-2-13

HARI OM Vs. STATE OF UTTAR PRADESH

Decided On February 18, 1991
HARI OM Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The applicant Hari Om alias Baboo is facing prosecution in Crime No. 73 of 1990 under Ss. 304B, 201 and 34, IPS P.S. Shera Mau North, district Shahjahanpur. The applicant was married to Guriya daughter of Ram Larait of village Mahuwa Gundey district Shahjahanpur about three years back. On 2-6-1990 a F.I.R. was loged by the father-in-law of the applicant under Ss. 302/498A, I.P.C. and S. 13 of the Dowry Prohibition Act. The case was subsequently converted into a case under Ss. 304B/201/34, I.P.C.

(2.) The applicant applied for bail before the Sessions Judge, Shahjahhanpur, but his application did not find favour. Consequently, the present bail application has been filed in this Court.

(3.) The main ground taken by the applicant is that the charge-sheet was filed beyond 90 days, as such he was entitled to be released on bail in view of the provisions contained in the proviso (a) of sub-section (2) of S. 167, Cr. P.C. The contention of the learned A. O. A. is that no doubt the charge-sheet was submitted beyond 90 days, the applicant was not entitled to be released on bail under the proviso (a) to sub-sec. (2) of S. 167, Cr. P. C. because he did not avail of the right during the date on which the period of 90 days ended and the date on which the charge-sheet was submitted.