SHAH ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel for the parties.

(2.) BY this application, the petitioner has prayed for issuance of a writ of habeas corpus directing the respondents to release him from illegal detention as he has wrongfully been confined in connection with Kadwa P.S. case No. 127/2001.

(3.) IT is true that after expiry of 90 days in the given facts and circumstances of the case, the petitioner was entitled to be released on bail under proviso (a) to Section 167(2) of the Code in case charge-sheet was not submitted by that time but in this case it appears that the prayer for release of the petitioner in terms of proviso (a) to Section 167(2) of the Code was made on 4-1-2002 and by that time charge-sheet was already filed by the Officer Incharge concerned and the same was received in the office by the Chief Judicial Magistrate and ultimately the case was even perused by the Chief Judicial Magistrate on 4-1-2002. IT further appears from the order dated 4-1-2002 that by the time the charge-sheet was seen by the learned Chief Judicial Magistrate, the petitioner was not released on bail and merely because he had furnished bail-bonds prior to filing of the charge-sheet, right will not accrue to him to be released on bail under proviso (a) to Section 167(2) of the Code. Submission of the charge-sheet and receipt of the same by the learned Chief Judicial Magistrate on the day the prayer for bail was made by the petitioner, waives his right and the petitioner thus forfeited his right to be released on bail under proviso (a) to Section 167(2) of the Code.