JITENDRA MAROTI DEOLARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of parties.

(2.) The petitioners were arrested on 13-4-2008 in connection with Crime No. 73/2008 under Sections 302, 201 read with Section 34 of Indian Penal Code alleged to have taken place on 10-4-2008. The petitioners were produced before the concerned Magistrate on 14-4-2008. Initially the Magistrate granted P.C.R. till 19-4-2008. From 19-4-2008 M.C.R. came to be extended from time to time. The last application for M.C.R. was moved on 30-6-2008 praying for grant of M.C.R. till 15-7-2008. However the Magistrate granted M.C.R. only till 14-7-2008.

(3.) On the same day the learned Magistrate passed a detailed order rejecting the application by observing that since the charge-sheet was filed on 14-7-2008 itself, it cannot be said that there was default on the part of the prosecution to file charge-sheet within 90 days so as to entitle the petitioners to be released on bail under Section 167(2) of the Code of Criminal Procedure. The said order is under challenge.