PRAKASH BAPU MHATUGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Advocates appearing on both the sides.

(2.) THE applicants are arrested in C.R.No.52 of 2007 of Murgud police station under Sections 302 and 498-A of the Indian Penal Code.

(3.) BY now, it is well settled that even if the 90th day is a Sunday, the police must arrange to see that the charge-sheet is filed if not on the 90th day but on the 89th day, a day prior to the day when the 90th day comes to an end and that not having been done, the accused is entitled to bail under the statutory provisions of the Section 167 (2) of the Code of Criminal Procedure. Since the 90th day was Sunday, it was necessary for the concerned police department to file the charge-sheet on the 89th day. That not having been done, the petitioners have made out a case for bail and their bail application is required to be granted.