RANJIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for bail in a case of dowry death. The prayer was rejected on merit on March 4, 1997, in Cr. Misc. No. 1776 of 1997. In this application he seeks compulsive bail under proviso to section 167 (2) of the Code of Criminal Procedure.

(2.) THE admitted facts, so far as relevant, are these. The petitioner was remanded to custody on December 16, 1996. The period of 90 days expired on March 16, 1997, which was a Sunday. The petitioner filed application for bail in terms of proviso to section 167 (2) of the Code on March 17, 1997. The magistrate directed the office to submit report whether the chargesheet has been submitted or not. On March 18, 1997 the chargesheet was submitted. On March 22, 1997 the Magistrate heard the counsel for the petitioner and the State and rejected the prayer. He noticed that chargesheet had already been submitted and cognizance also had been taken on March 18, 1997.

(3.) IN the case of Rustam (supra) it has been stated : 'The Court is required to examine the availability of the right of compulsive bail on the date it is considering the question of bail and not barely on the date of the presentation of the petition for bail. '' (Emphasis supplied)