BAZEER KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Section 482 of Cr.PC, is preferred by the petitioner herein/accused for quashing the order dated 2-1-13 passed by the Additional Sessions Judge (FTC), Sabalgarh, District Morena in Criminal Revision No. 303/12 affirming the order dated 14-12-12 passed by the Additional Chief Judicial Magistrate, Sabalgarh in Criminal Case No. 1096/12 whereby an application under Section 167 (2) of Cr.PC, filed by the petitioner/accused has been dismissed.

(2.) LEARNED Counsel for the petitioner submitted that the petitioner/accused has been arrested on 13-10-12 in connection with Crime No. 411/12 under Sections 306 and 498-A read with Section 34 of IPC registered at Police Station, Kailaras, District Morena and produced before the Court on the same day. The learned Magistrate has granted judicial remand against the petitioner and lastly, it was granted till 17-12-12. The police authority has not filed challan within sixty days, therefore, the petitioner is entitled to be released on bail as per the statutory provisions of Section 167 (2), Cr.PC, accordingly, he has submitted an application on 13-12-12. The learned Magistrate fixed the case for 14-12-12 for hearing on the said application. Before that the police submitted the challan on 13-12-12, and, therefore, the application was rejected on the ground that the challan has been filed in the matter. Learned Counsel further submitted that the police did not submit the challan within statutory period, i.e., sixty days but it was submitted on sixty-first day, i.e., after filing of the application under Section 167 (2) of Cr.PC, by the petitioner/accused. In such circumstances, the petitioner is entitled for grant of statutory bail and merely by filing challan subsequently by the police his right of bail remains unaffected and, therefore, the impugned orders deserves to be quashed. He placed reliance on three Judge Bench decision of the Apex Court in Sayed Mohd. Ahmed Kazmi Vs. State, GCTD and others, 2013 Cr.LR (SC) 126 = 2012 AIR SCW 6026.

(3.) IT is transpired from a perusal of the record that on 24-9-12, the Police, Kailaras registered the FIR at Crime No. 411/12 under Sections 306 and 498-A read with Section 34 of the IPC against the petitioner and the mother of the petitioner. At 10.30 a.m., on 13-10-12, the police apprehended the petitioner, Bazeer Khan alias Lalla Khan and produced before the learned Magistrate on the same day, i.e., on 13-10-12 who remanded the petitioner/accused for 15 days in judicial custody, i.e., till 19-10-12. Subsequently, the period of remand was extended, by extending the period of investigation and the custody of the petitioner from time to time. On 12-12-12, the learned Magistrate further extended the period of investigation and the custody of the petitioner by another 15 days, i.e., till 17-12-12. On 13-12-12, an application had been made under Section 167 (2) of Cr.PC, seeking default bail on the ground that charge-sheet was not filed within the prescribed statutory period of sixty days of the petitioner's custody. The learned Magistrate adjourned the hearing and fixed 14-12-12 for consideration of the aforesaid application. Subsequently, on the same day, i.e., on 13-12-12, the police submitted the challan. The order dated 13-12-12 passed by the learned Magistrate reads as under :- <IMG>JUDGEMENT_272_MPHT2_2013.JPG</IMG>