BHERU Vs. THE STATE OF M P

JUDGEMENT

(1.) Being aggrieved by order dated 30.07.2018 passed by 2nd ASJ, Sardarpur, District Dhar, whereby the learned Court has dismissed the application filed by the petitioner under section 167(2) of Crimial P.C. for releasing him on bail due to non filing of the charge-sheet within 90 days from the date of his arrest, the petitioner has filed the present revision.

(2.) Brief facts of the case are that the police arrested the petitioner on 01.05.2018 in Crime No.147/18 registered at Police Station Amjhera, District Dhar under Sec. 366, 376(2)(n), 506 of Penal Code and 3/ 4 Protection of Children From Sexual Offences Act, 2012. On the same day he was produced before the Judicial Magistrate First Class, Sardarpur. The Court granted remand and sent him jail and since then he is confined in jail. The police filed charge-sheet on 30.07.2018. An application for bail was filed by the petitioner on the same day, which was dismissed.

(3.) Learned counsel for the petitioner has submitted that order of the learned trial Court is contrary to the law as the police has filed the charge-sheet on 91st day of the arrest of the petitioner, therefore, as per provision of Sec. 167(2) of the Crimial P.C. he was entitled for bail, but the learned trial Court has misinterpreted the provision and has wrongly dismissed his prayer. Therefore, the order be set aside.