HABIBULLA SAUDAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, Shri Vyas, the learned Public Prosecutor for the State, waives service of the rule. By consent, rule heard forthwith.

(2.) This is an application for releasing the petitioner on bail. The petitioner was arrested on 12th July, 1987, in connection with an offence registered at the Dahanu Police Station at C.R. No. 145/87 under sections 302, 307, 147, 148, 149 and 323 of the Indian Penal Code. The F.I.R. on the basis of which the crime was registered was filed by one Pralhad Shriniwas Kamat on 11th July, 1987 alleging that his elder brother Balu alias Ramchandra Kamat was assaulted by a mob of about 70 to 80 Muslims near the shop of one Intwala Tailor and that said Balu succumbed to the injuries sustained in the said concerted attack.

(3.) As mentioned earlier, the petitioner was arrested on 12th July, 1987. Ninety days of his detention were completed on 10th October, 1987, which was a second Saturday, 11th October was Sunday. On 12th October, 1987, which was Monday, the petitioner preferred on application to the learned Magistrate, Dahanu, for bail on the ground that the police had not filed charge-sheet till then and, therefore, under the provisions of section 167(2) of the Code of Criminal Procedure, he is entitled to be released on bail. The petitioner expressed his readiness and willingness to furnish sureties and abide by all the conditions that may be imposed upon him.