SHAKIL KHAN YASIN KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

(2.) By the present Writ Petition, the petitioner is questioning the legality and correctness of the judgment and order passed by the Additional Sessions Judge, Dhule in Criminal Misc. Application No.101/2013, whereby he cancelled the bail granted to the petitioner by the Judicial Magistrate, First Class, Dhule and directed the petitioner to be arrested and taken in custody. The bail that was granted to the petitioner by the learned Magistrate was under clause (a) of the first proviso to subsection (2) of Section 167 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), which is popularly termed as "default bail".

(3.) The petitioner was arrested on 25.09.2013 in the course of investigation into C.R. No. 153/2013 registered at Deopur Police Station with respect to the offence punishable under section 306 of the Indian Penal Code (IPC) read with section 34 of IPC. He was produced before the Magistrate on 26.09.2013 and thereafter was being remanded into police custody from time to time. On 25.11.2013, the petitioner made an application stating that he had been remanded in custody for a period of 60 days already, and that, the investigation had not been completed; and that, therefore, he should be released in accordance with subclause (ii) of clause (a) of the first proviso to subsection (2) of Section 167 of the Code. The Magistrate held that the petitioner was entitled to be released on bail in accordance with the aforesaid provisions and directed his release on bail.