PRAVIN KASANA Vs. STATE OF U P

JUDGEMENT

(1.) I have heard Sri Vijaya Prakash for the revisionists, Shri Sukhendu Pal Singh for the informant and the learned A.G.A. for the State.

(2.) By this revision, the revisionists have challenged the order dated 02.05.2012 passed by Chief Judicial Magistrate, Ghaziabad by which the application of the revisionists seeking for being released on bail, under the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure (hereinafter referred to as 'Code'), with reference to Case Crime No. 109 of 2012, under Sections 147 /148 /149 /34 /302 I.P.C., P.S. Sahibabad, District Ghaziabad, has been rejected.

(3.) The undisputed date of first remand was 01.02.2012 and the police did not submit any charge-sheet by 01.05.2012 i. e. within 90 days from the date of the first remand, accordingly, on 02.05.2012, the revisionists applied under the proviso to sub-section (2) of Section 167 of the Code for being released on bail by expressing their willingness to furnish security for bail. The learned Magistrate rejected the application on the same day holding that the charge-sheet has been filed and cognizance taken on the charge-sheet, therefore, the right to be released on bail, under the proviso to sub-section (2) of Section 167 of the Code stood extinguished.