LAXMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record of the case.

(2.) This bail application has been filed mainly on the ground that pursuant to the provisions of Section 167(2) Code of Criminal Procedure, charge sheet has not been filed within a period of 90 days from the date accused Petitioner was arrested thus his detention became illegal making him entitled for bail. Petitioner was arrested in respect of another case and while in custody therein, investigation was made in the present matter on 21.3.2010. Thus arrest of Petitioner has to be presumed from 21.3.2010 and the period of 90 days having elapsed and no charge sheet has been filed, Petitioner is entitled for grant of bail.

(3.) Reference of the judgment of this Court in the case of Jawahar Singh v. State of Rajasthan, 1990 CrLR 95 has been made. In the aforesaid case, period of 90 days has been reckoned from the date accused was available to the police for investigation while he was in custody in other case.