IQBAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS order shall dispose of the application filed by the accused -applicant under section 439/167 CrPC for grant of bail.

(2.) BRIEFLY stated the facts giving rise to this petition are that the present applicant was arrested on 4.10.98 in connection with Crime No. 181/98 registered at Police Station. Pipliamandi District Mandsaur under section 8/18 NDPS Act. The applicant on production before the Court concerned, remanded to custody on 5.10.98. No challan was filed by the police concerned till 4th January, 1999. On 3rd Jan. 99 the applicant filed an application before the Special Court for releasing him on bail under section 167(2) of the CrPC as the Prosecution failed to file challan within a statutory period of 90 days. The said application was considered by the Court on 5th January, 1999 and dismissed the same holding that the applicant is not entitled to be released on bail under the provisions of section 167(2) CrPC. Aggrieved, the applicant has filed this petition before the Court for grant of bail.

(3.) IN the present case, no such application for compulsive bail under section 167(2) CrPC was filed by the applicant after expiry of statutory period of90 days and before challan was filed and as such trial Court rightly rejected the application filed by the applicant for compulsive bail under section 167(2) of the CrPC. The prayer made by the applicant on the aforesaid ground in this Court stands rejected for the reasons stated above.