MOHANISH ABDULLA SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the Stat e.

(2.) The present applicat ion has been filed by the Applicant seeking bail on the ground that the charge-sheet was not filed by the police within a period of 90 days from the dat e of remand and, therefore, it is submitted that the Applicant is entitled to be released on bail in view of the provisions of section 167 (2) of the Criminal Procedure Code.

(3.) The Apex Court in the case of Chaganti Sat yanarayana and Others Vs. Stat e of Andhra Pradesh, 1986 SCC(Cri) 321 has held that while calculat ing the period of 90 days, the period, on which the Applicant is remanded, is to be taken as the starting point from which the period of 90 days should be calculat ed. THE same view has been taken by the Apex Court in the case of Central Bureau of Investiat ion, Special Investigat ion, Special Investigat ion Cell, New Delhi Vs. Anupam J. Kulkarni, 1992 3 SCC 141.