GOVARDHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application for bail under section 439 read with section 167(2) of the Code of Criminal Procedure.

(2.) The applicants are in custody since 25/9/1991 in connection with a charge of murder. After a few remands, they were required to be produced before the Court on 14/12/1991 but for some reason, they were not so produced and in their absence the charge- sheet was filed. Copies of challan papers were furnished toT applicants counsel on 26/12/1991 i.e. after 90 days from the date of their arrest. An application\was made before the remanding Court to release the applicants on bail under section 167(2) of the Code of Criminal Procedure and reliance was placed on Subhash v. State of M.P. (1988 J.L.J. 444) but the same was rejected on 9/1/1992. The revision before the Sessions Judge also filed. Now, the applicants are before this Court. Admittedly, copies of the challan papers were not furnished to the applicants within 90 days of their detention and there is nothing to indicate that their non-production before the Court on 14/12/1991 was occasioned due to any abnormal circumstance, therefore, they became entitled to be enlarged on bail.

(3.) The application is, therefore, allowed. It is hereby ordered that the applicants be released on bail on their furnishing personal bond in the sum of Rs. 10,000.00 (Rs. Ten thousand only) each with one surety in the like amount to the satisfaction of C.J.M., Bilaspur, for their appearance before the trial Judge on each date of the hearing till the trial concludes. Application allowed.