BHOLE ALIAS BHOLESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant in this case prays for bail on the ground that he was not supplied copies of the charge-sheet and other papers in accordance with the provisions of a Section 167(2) of the Cr. P.C. within 90 days with the result that he is entitled to bail and he has relied on 1988 Jab LJ 444 : (1989 Cri LJ 1553) for it.

(2.) The brief facts of the case are that the applicant is involved in a case u/S. 302, 394/34, I.P.C. along with co-accused, namely, Ram Avtar and Chhidda. He was taken in custody on 2-8-91 and copy of the charge sheet was not supplied to the applicant in accordance with the provisions contained in Section 167(2) of the Cr. P.C. No doubt in this case challan was filed within 90 days but the copies of the challan were supplied after two days of the expiry of the 90 days.

(3.) The applicant contended before the Sessions Judge that since the period of 90 days expired and the applicant has not been supplied with copies of the charge-sheet, therefore, he was entitled to bail on this very ground. The learned Sessions Judge rejected the application on the ground that non-supply of papers within 90 days was not fatal. Thus, the short point for consideration in this case is whether the non-supply of papers within 90 days was a complete ground for grant of bail of the accused.