PRADEEP SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) This is the second application under Section 439 of the Cr.P.C. filed on behalf of the applicant, who is in custody since 02.02.2020 in connection with Crime No.59/2020 registered at Police Station Chorhata, District Rewa (M.P.) for the offence punishable under Section 394 of the IPC, on rejection of the first application dismissed as withdrawn.

(3.) The allegation against the present applicant is one of robbery. Learned counsel for the applicant has submitted that the other co- accused person Rajneesh Saket has already been granted bail by the learned Judge of the Trial Court under Section 167(2) of the Cr.P.C. as the charge-sheet in the present case was not filed within 90 days time. Learned counsel for the application has further submitted that application of the applicant as well rejected on the ground that it was not filed in time and in fact it has been filed after the charge-sheet was filed in the trial Court. Learned counsel for the applicant has further submitted that due to no error attributable to the applicant, the application could not be filed by his advocate in time for which he cannot be furnished. It is further submitted that otherwise also charge-sheet has been filed and from the applicant only recovery of Rs.100/- has been shown, although the aforesaid note of Rs.100/- has also not been identified by the complainant. Learned counsel for the applicant has further submitted that the applicant is in jail since 02.02.2020 and there is no criminal antecedent against the present applicant. 3. Learned counsel for the State on the other hand has opposed the prayer.