AJAY SINGH Vs. SURENDRA

JUDGEMENT

(1.) THIS Misc. Criminal Case has been filed by the applicant Ajay Singh -complainant u/s 439 sub -section (2) of CrPC for setting aside the order of grant of bail by the learned Magistrate by order dated 25.8.2004 whereby the learned ACJM, Bagli, has granted bail to the non -applicants on the ground that police did not file the charge -sheet within 90 days and "indefeasible right" accrued as per provision u/s 167(2) of the Code of Criminal Procedure (for short "the Code") to the non -applicants -accused for their release on bail and against the order dated 12.10.2004 passed by learned II ASJ, Dewas, dismissing the application of the applicant for cancellation of the order passed by the learned Magistrate dated 25.8.2004.

(2.) THE facts are that non -applicants were arrested by police of Police Station, Hatpiplya, on 26.5.2004 for the commission of alleged offences punishable u/Ss. 147, 148, 302 read with S. 149 of IPC. The non -applicants were produced before the ACJM, Bagli, on 27.5.2004. Thereafter, time -to -time judicial remand was granted by the learned Magistrate to the police for filing charge -sheet. The charge -sheet was filed on 25.8.2004. On the same day, the non -applicants had also filed an application u/s 167(2) of the CrPC for their release on bail because according to the non -applicants, charge -sheet was not filed within 90 days and on 25.8.2004 the charge -sheet was filed which was the ninety first day from the date of production of the non -applicants before the learned Magistrate. The learned Magistrate accepted the prayer of the non -applicants and held that charge -sheet was filed on 91st day and ordered for release of the non -applicants on furnishing personal bond of Rs. 20,000/ - with one surety in the like amount by each of the non -applicants to the satisfaction of the said Court.

(3.) IN the judgment of Rustam (supra), the Supreme Court has decided the issue as to how the computation of 90 days is to be done. The Supreme Court has held that for computation of clear 90 days, either first day of production of the accused before the learned Magistrate is to be excluded or the date on which the charge -sheet was filed will be excluded. For the purposes of computation of period of 90 days, the Supreme Court has considered the provisions of sections 9 and 10 of the General Clauses Act.