AMAR SINGH Vs. STATE

JUDGEMENT

(1.) In order to appreciate the controversy it will be necessary to briefly state the facts.

(2.) One Asha Devi aged about 19 year was married to Shivnarain Singh on 23rd May, 1991. In the F.I.R. it was alleged that on account of dowry there was a dispute and (he in-laws of the deceased used to treat the deceased, Smt. Asha Devi, cruelly. On 9-4-92, complainant was informed that his daughter had been murdered. The accused were thereafter challaned The learned Magistrate as well as learned Sessions Judge, Raebareili, rejected the bail application of the applicants. The applicants have now approached this Court.

(3.) Learned Counsel for the applicants as well as learned State Counsel have been heard. Learned counsel for the applicants has argued that in the present case the applicants are entitled to be released on bail as of right under the provisions of Section 167(2) of the Criminal Procedure Code (hereinafter to be called as the Code) as the charge sheet was filed after statutory period of 90 days provided under the said provision. In the present case the charge sheet should have been tiled by 12-1-92, because 90 days were to expired on that. date. The charge sheet was filed on 14-7-92, 13th July, 92 being the Sunday. The question which now arises is as to whether the chargesheet which has been filed after statutory period of 90 days gives right to the applicants for being enlarged on bail or whether the filing of the; chargesheet can curtail that right.