STATE OF MAHARASHTRA Vs. WASUDEO MAHADEO BUTKE

JUDGEMENT

(1.) THIS is a revision by the State challenging the order passed by the learned Sessions Judge, Wardha allowing the application of the accused arrested for the offence punishable under section 302 of the Indian Penal Code solely on the ground that the charge sheet has been filed beyond 90 days of his arrest.

(2.) THE relevant dates to be mentioned are that the accused was arrested on 25 -4 -1980, the charge -sheet was filed on 24 -7 -1980 and the present application for bail was filed on 29 -7 -1980.

(3.) I am in respectful agreement with the view taken in these decisions. The opening words of proviso (a) to section 167 (2) of the Code are: