MADABA RAMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision petition is directed against the order of the II Additional Munsif Magistrate, Gurasala, u/Ss. 397 and 401, Cr.P.C. by which the learned Magistrate cancelled the bail granted to the petitioner on 29-7-1991.

(2.) The petitioner along with his son were produced before the learned Magistrate on 30-4-1991 in Cr. No. 42/91 of Rentachinthala Police Station for an alleged offence under Ss. 324, 302 read with 34, IPC. The petitioner was remanded to judicial custody. As the prosecution has not filed the charge-sheet till 28-7-1991 i.e., 90th day after remand, on 29-7-1991 bail was granted on an application filed by him as the prosecution failed to file a charge-sheet within the prescribed time of 90 days as contemplated u/S. 167(2), Cr.P.C. Subsequently on the same day at about 5-30 p.m. the prosecution has filed a charge-sheet and on the next day they filed an application for cancellation of bail.

(3.) The learned Magistrate after hearing both sides cancelled the bail earlier granted to the petitioner on the ground that the prosecution has filed the charge-sheet on the 91st day, the 90th day being Sunday and the offence alleged against the petitioner is of a serious nature.