SANJAY BABAN BHUJBAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner came to be arrested on 8th September, 1997, for offence under section 302 I. P. C. registered at C. R. No. 70/97 at Shikrapur Police Station, District Pune. On 7-12-1997, according to the petitioner, the period of 90 days elapsed from the date of the arrest of the petitioner. As such, on 9-12-1997 the petitioner filed application under section 167 (2) (a) Cr. P. C. in the Court of the Judicial Magistrate, First Class, Shirur, District Pune for grant of bail as the charge-sheet was not filed within a period of ninety days from the date of remand. The learned Magistrate then called for the say of the Public Prosecutor and kept the matter on 10th December, 1997. On that day, say was filed as well as the charge-sheet came to be filed against the petitioner and that is how the learned Magistrate rejected the application holding that after filing the charge-sheet he has no jurisdiction to grant bail.

(2.) THE petitioner approached Sessions Court, Pune by filing Criminal Revision Application No. 665 of 1997, but that also came to be rejected on 19-1-1998. That is how the present application has been filed.

(3.) I have heard Ms. Mohite-Dere for the petitioner and Mr. Mirza, A. P. P for the respondent-State.