NIJAMUDIN MOHAMMAD BASHIR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The learned single Judge of this Court while dealing with the application filed by the accused seeking their release on bail on the ground that the prosecution has failed to submit charge-sheet under section 167 (2) of the Criminal Procedure Code within the stipulated period i. e. within 60 days from the date of their arrest, was required to make a reference to the larger bench and this is how the matter has been assigned to us.

(2.) The question which is referred to the Division Bench can be culled out from para 7 of the order which reads as under :

(3.) The facts which gave rise to the filing of the application and which are not much disputed are that the original applicants came to be arrested on 7-1-2006 on the complaint of Smt. Rajiya Begum Mohammad Siraj Dhobi for having committed the offence under section 366 read with section 34 of the Indian Penal code which came to be registered vide C. R. No. 14/06 of Sahar Police Station.