DEELIP Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, heard for final disposal. The present proceeding is filed to challenge the order made by JMFC, Beed in Cr. No. 35/12 on application made for granting bail on the ground of default. The order made by Sessions Judge, Beed in Criminal Revision Application No. 48/13 which was filed to challenge the order made by JMFC is also under challenge.

(2.) One Rahul Arjun Dubale applied for permission to intervene the matter. Criminal Application Stamp No. 2419/13 to intervene is allowed. His Advocate Shri S.S. Jadhavar was allowed to assist learned A.P.P.

(3.) Crime at Cr. No. 35/12 was registered in Beed Rural police station for offences punishable u/s 302, 332, 353, 363, 149, 324 etc. of IPC against the petitioner and four other persons. The petitioner came to be arrested in this crime on 29/1/13. The petitioner applied for bail on the ground of default on 1/4/13 as till that date, charge sheet was not filed by police. After hearing both sides, the JMFC rejected the application on 2/4/13. The JMFC held that the crime was registered for offence u/s 302 of IPC and so, there was time of 90 days with the police to file charge sheet. The Sessions Court has made similar observations for dismissing the revision application.