DATTATRAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) . 1. Since the point raised in both the writ petitions is same, they are proposed to be disposed of by this common judgment. Both the petitioners are original accused persons arrested in connection with Crime No.416 of 2020 registered with Shrigonda Police Station for the offences punishable under Sections 302, 109, 120(B) read with Section 34 of Indian Penal Code. The petitioner in Writ Petition No.1084 of 2020 was arrested on 05-05-2020 and was produced before the learned Judicial Magistrate First Class, Shrigonda on the same day, whereas the petitioner in Writ Petition No.1290 of 2020 came to be arrested on 04-05-2020 and was produced before the learned Judicial Magistrate First Class, Shrigonda on 05-05-2020. It appears that they were initially remanded to police custody and then to judicial custody. Both of them had filed application for bail under Section 167(2) of the Code of Criminal Procedure on 04-08-2020 and 05-08-2020 respectively. After hearing both sides, by a common order, the learned Judicial Magistrate First Class, (Court No.1), Shrigonda, rejected both the applications on 06-08-2020. Both the petitioners had challenged the respective orders in respect of their applications by filing Criminal Revision Application Nos.11 of 2020 and 10 of 2020 respectively. Both the Criminal Revision Applications were decided by a common judgment by learned Additional Sessions Judge, Shrigonda on 04-09-2020 and thereby those Criminal Revision Applications came to be rejected. Hence, both of them are before this Court.

(2.) The factual matrix are almost similar and as aforesaid, in order to avoid the repetition, it is to be noted that both the accused - applicants were arrested in the same Crime and according to the petitioner in Writ Petition No.1084 of 2020, she had filed the application for default bail on 91 st day, whereas according to the petitioner in Writ Petition No.1290 of 2020, he had filed the application on 93rd day. They have given the calculation in respect of those days in their respective applications. It was contended by both of them that taking into consideration the offence under which they have been arrested, the charge sheet ought to have been filed within 90 days and when the said charge sheet is not filed, they claimed that they have indefeasible right to be released on bail under Section 167(2) of the Code of Criminal Procedure i.e. default bail.

(3.) In both matters, the prosecution contended that the charge sheet was already filed on 31-07-2020, however, it has been numbered on 05-08-2020 as R.C.C. No.453 of 2020. Therefore, according to the prosecution, the charge sheet is filed within 90 days i.e. to be precised on 88 th day and, therefore, there is no indefeasible right to the applicants - accused as contemplated under Section 167(2) of the Code of Criminal Procedure.