SHIV BHAGWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner seeking cancellation of bail order dated 30.6.2009. On filing of the FIR investigation was conducted and thereupon charge-sheet was filed within a period of 90 days from the date of arrest of the accused respondent. The offence was punishable under Sections 302 & 397/34 of Indian Penal Code (for short 'IPC'). The trial Court granted bail on the ground that cognizance in the matter was not taken within a period of 90 days from the date of arrest. Thus, in view of the provisions of Section 167(2) of the Criminal Procedure Code (for short 'Cr.P.C.'), accused was granted bail.

(2.) It is urged that in view of the provisions of Section 167 Cr.P.C. investigation was required to be completed within a period of 90 days from the date of arrest and in the present matter, investigation was completed within a period of 80 days itself and charge-sheet was filed on 30.5.2009 whereas arrest of the accused is dated 30.3.2009. The Court below has given wrong interpretation of Section 167(2) Cr.P.C. ignoring the various judgments of the Hon'ble Apex Court and specially recent judgment in the case of Jeewan Kumar Raut and Anr. v. Central Bureau of Investigation, 2009 7 SCC 526.

(3.) Learned Counsel for accused respondent, on the other hand, submits that there is no illegality in the order rather order was passed based on two judgments of this Hon'ble Court in the cases of Shankerlal Nai v. State of Rajasthan,2007 3 RCC 1217 and Narain and Ors. v. State of Rajasthan,1982 7 RCC 315, this 'Court had taken a view that in the absence of cognizance of offence within a period of 90 days, accused is entitled for grant of bail in view of the provisions of Section 167(2) Cr.P.C. Learned Counsel for accused respondent has, thus, supported his argument based on the aforesaid two judgments.