NIRAPAT Vs. STATE OF U P

JUDGEMENT

(1.) ON being aggrieved by the order of Sri S. K. Srivastava, Sessions Judge, Hamirpur dated 30-4-1988 the applicants above named have filed this application for bail.

(2.) THE admitted facts, in brief, are that these applicants are cited accused in case Crime No. 25 of 1987 under sections 147, 148, 149, 302 IPC P. S. Chikasi District Hamirpur. THEse applicants were remanded to jail on 16-6-1987. A charge-sheet against them was submitted on 14-9-1987 i. e. on the first day after their remand to jail. THE learned Sessions Judge found that on 12th September it was second Saturday and 13 th September was Sunday, thus there was holiday on both the days. Hence the charge-sheet which was submitted on Monday Nth September 1987 would be held to have been submitted within ninety days and therefore in his view these applicants were not entitled to bail under section 167 (2) CrPC. He, therefore, refused bail to both the applicants.

(3.) THEIR Lordships of the Delhi High Court, however, distinguished the above observation by observing that no period is prescribed for submission of the charge-sheet under section 167 CrPC and, therefore, any question of application of section 10 of the General Clauses Act would not arise as the same could arise only if any period was prescribed and that period should expire on a holiday.