LAWS(ALL)-1998-11-9

RAJVEER Vs. STATE OF U P

Decided On November 26, 1998
RAJVEER Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) J. C. Gupta, J. This is an application for bail on behalf of the applicant Rajveer, who is detained in custody in Case Crime No. 46 of 1998 under Sections 147/148/149/302, I. PC. , Police Station Cantt. District Bareilly. The incident in question is said to have occurred in broad day light in which two persons are said to have been murdered by the applicant and his five other associates. The F. I. R. was soon lodged wherein the applicant was named as one of the assailants who was armed with a fire arm and there were fire arm injuries on the deceased persons.

(2.) LEARNED Counsel for the ap plicant, Dr. Arun Srivastava has not pressed the application on merits but bail is being claimed under the provisions of Section 167 (2) of the Code of Criminal Procedure as according to the submission of learned Counsel the accused-applicant had become entitled to bail on account of non- submission of charge-sheet within the prescribed statutory period of 90 days and the same was submitted in Court on 91st day, that too after when the accused had applied for bail. It has been argued that the right to be released on bail which had accrued to the applicant could not be defeated by keeping the application for bail pending till the charge-sheet was sub mitted.

(3.) IT could not be disputed by the learned Counsel for the applicant that Code of Criminal Procedure is a Central Act and a prescribed period of 90 days is provided in Section 167 (2), Cr. P. C. for submission of charge-sheet. Therefore, provisions of Section 10 of the General Clauses Act will be attracted if other con ditions lald down therein are shown 10 exist.