RAJESH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard Shri R. S. Kushwaha counsel for the petitioner. Shri Desai Dy. G. A. for the State. The present applicant is facing prosecution for offences punishable under Sections 420, 467, 468 of Indian Penal Code which was being investigated into by police Kotwali, Ujjain. The applicant was arrested on 3-5-1994 in respect of Crime No. 86/94. The charge sheet has been filed in the Court of Judicial Magistrate, First Class Ujjain on 10-8-1994. The applicant accused had moved an application for bail before the same Court on 8-8-1994. The learned Magistrate posted that application for hearing on 9-8-1994. On 9-8-1994 the argument was heard and the matter was posted for decision on 10-8-1994. Meanwhile the investigating agency submitted the charge sheet against the present applicant on 10-8-1994. On 10-8-1994 the learned Magistrate passed an order rejecting the bail application of the applicant by holding that the bail application has been dismissed as charge-sheet has been filed against the applicant, and that made the applicant to approach Sessions Court, Ujjain for bail.

(2.) The applicant moved an application for bail in Sessions Court, Ujjain, under the provisions of Sec. 167(2) of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Code') which was heard by 2nd Additional Sessions Judge, Ujjain on 11-8-1994. He dismissed that bail application on 18-8-1994 by holding that charge-sheet has been filed within 90 days, and that made the applicant to approach finally the High Court.

(3.) Shri R. S. Kushwaha learned counsel for the applicant submitted that the charge-sheet has not been filed against the applicant within the period of 90 days and, therefore, the applicant should have been released on bail by J.M.F.C. Ujjain as well as Second A.S.J. Ujjain because it is his right to get the bail in view of provision of Sec. 167(2) of the Code.