RAJENDRA SINGH @ RAVENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under section 167(2) of Cr.P.C. Lateron by way of amendment, it has been converted into an application under section 439 of Cr.P.C. The applicant has also filed an application under section 439 of Cr.P.C., for granting regular bail to the applicant, but lateron this application has also been withdrawn on 19.9.2018. That is why this application is treated as first bail application under section 439 of Cr.P.C., for grating regular bail.

(2.) The applicant has submitted that a criminal case under sections 323, 363, 376(G), 506 of IPC and under section 3/4 of POCSO Act, as crime no.135/2018 has been registered against him at Police Station Amiliya, District Sidhi, in which he was arrested on 20.5.2018. When he was in judicial custody, on 20.8.2018 the police has filed a charge-sheet. In the meanwhile, on the same date at about 11.35 am applicant has filed an application under section 167(2) of Cr.P.C., for granting him bail, after giving the benefit of provision of section 167(2) of Cr.P.C., but the Court below has erred in not granting him bail vide order dated 25.8.2018.

(3.) The applicant has submitted that the right of granting him bail had already been accrued on 20.8.2018 when 91 days have completed after his arrest and no charge-sheet has been filed by the prosecution. Applicant has filed the application before filing of charge-sheet in this regard. So he should have been granted bail under the said provision. The lower Court has taken the situation very casually and rejected the application by the said order. It is also submitted that the application which was presented by him under section 167(2) of Cr.P.C., on 20.8.2018 before the Court below, was for granting him bail under the provision, but by mistake he has requested to discharge him. The Court below must treat the request in right perspective, but Court had taken the request as such and rejected his application technically by observing that no provision is there of discharging the accused under section 167(2) of Cr.P.C.