PRADIP PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard conrssel for the parties If no charge-sheet was submitted within the statutory period of 90 days the petitioner was entitled to be released on bail on his application, under the provision of Section 167(2) of the Code of Criminal Procedure. The mere fact that the chargesheet has been filed subsequently does not defeat the right which has accrued to the petitioner by operation of law. The petitioner can even today pray for release on bail under Section 167(2) of the Code of Criminal Procedure.

(2.) In these circumstances this writ petition is disposed of with a direction to the court below to consider the application for the release of the petitioner on bail under ine provision of Section 167(2) of the Code of Criminal Procedure, if the court is satisfied that the charge-sheet was not received within 90 days of the arrest/surrender of the petitioner.