SURENDER AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present petition, petitioners have sought for quashing of order dated 27.08.2018 by which their application under Section 167 (2) Cr.P.C. has been rejected. Further, they have sought for releasing them on bail in case FIR No. 198, dated 28.05.2018 for the offences under Sections 148, 149, 302 of IPC, registered at Police Station Dadri City, District Charkhi Dadri.

(2.) Brief facts of the case are that one Mr. Gaurav Sharma, Inspector, informed scene of crime for registration of FIR read with complaint of one Sh. Khazan son of Ram Kumar that his brother Satyawan, who was working as a Peon in Bar Association, Dadri, had beaten mercilessly by Om Parkash Kalkal, Advocate Sandeep Rawaldhia, Naveen Marhata Advocate and two other associates. Due to beatings, Satyawan died. Thus, FIR No. 198 has been registered on 28.05.2018. Arising out of these facts and circumstances, petitioners were arrested on 28.05.2018. They have been produced before jurisdictional Magistrate on 29.05.2018. Default bail application under Section 167(2) Cr.P.C. was submitted on 27.08.2018 and on the same day, challan was presented.

(3.) In this background, learned counsel for the petitioners apprised this Court on 07.09.2018 stating that after arrest on 28.05.2018, petitioners were produced before jurisdictional Magistrate on 29.05.2018 and they were remanded. He apprised that date of remand is required to be taken into consideration for the purpose of computation of 90 days so as to extend default bail under Section 167(2) Cr.P.C. On 07.09.2018, following order was passed:-