LAWS(ALL)-2019-11-78

STATE OF U.P. Vs. HUKUM SINGH

Decided On November 08, 2019
STATE OF U.P. Appellant
V/S
HUKUM SINGH Respondents

JUDGEMENT

(1.) Heard learned A.G.A. for revisionist-State and perused the record.

(2.) This Criminal Revision under Section 401 read with Section 397 Cr.P.C. has been filed aggrieved by order dated 14.08.2009 passed by Sessions Judge, Gautambudh Nagar in Criminal Revision No. 45 of 2000 preferred by accused-respondent whereby it has allowed the aforesaid revision and has directed for release of accused-respondent on bail.

(3.) The accused-respondent, Hukum Singh, was challaned by Police in Case Crime No 71 of 2000 under Section 304B, 498A, 201 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Jevar, District Gautambudh Nagar and he was sent to jail on 15.05.2009. On 28.07.2000 on behalf of accused, an application under Section 167(2) Cr.P.C. was moved seeking bail on the ground that charge-sheet could not be submitted within 60 days. After hearing the parties, Chief Judicial Magistrate, Gautambudh Nagar rejected the said application vide order dated 02.08.2000 holding that the time for submitting charge-sheet under Section 304B I.P.C. is 90 days. Being aggrieved, accused-respondent preferred the aforesaid Criminal Revision which has been allowed by order dated 14.08.2009 impugned herein.