RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused petitioner has preferred this Second Bail Application under Section 439 read with 167(2) of Cr.P.C. in FIR No. 237/2019 registered with Police Station Mandawar, District Dausa, under Sections 498A, 304B, 406 of IPC. First regular bail application was rejected on 10.06.2020 on merits.

(2.) It has been submitted on behalf of the petitioner that the petitioner was arrested on 05.01.2020 and sent to judicial custody. The offence is under Section 304B of IPC and prescribed period for completion of investigation is 90 days. The Investigating Officer filed incomplete charge-sheet on 07.03.2020 but the learned court below found that charge-sheet was incomplete, therefore, the learned court below returned the charge-sheet for further investigation. The Investigating Officer was bound to file final report within 90 days but he failed to file such final report within 90 days of arrest of the petitioner. Hence, an indefeasible right accrued to the petitioner. He preferred an application before the concerned court for granting benefit of default bail, but the same was dismissed vide order dated 07.08.2020.

(3.) A bare perusal of the order dated 07.08.2020 reveals that at the time of hearing of the bail application, no charge-sheet was available with the court below. In such a situation, right of the accused for bail under Section 167(2) of Cr.P.C. accrues, as has been held by Hon'ble Apex Court in the judgment of Achpal @ Ramswaroop v. The State Of Rajasthan 2018 Cr.L.R. (SC) 961, decided on 24.09.2018. This case is squarely covered by the above judgment. There was no charge-sheet available in the court below on the date when petitioner preferred application for extending benefit of default bail after expiry of 90 days.