KUNANARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application for bail by Kunanaram S/o Likhmaram. The application is opposed by the learned Public Prosecutor vehemently.

(2.) Briefly stated the case of the prosecution is that accused-petitioner Kunanaram committed rape with Smt. Rami on 20-7-93 at about 5 P.M. in the field of one Pitharam Jat in village Khaliya. It appears that the accused-petitioner was arrested on 25-7-93. Police failed to file a charge-sheet or challan within 90 days of the arrest of the accused-petitioner. An application for bail was moved before the learned Magistrate, who remanded the accused-petitioner to custody. The learned Magistrate rejected the application for bail. The police eventually filed challan on 3-11 -93. The accused-petitioner moved an application for bail before the learned Addl. Sessions Judge, Ratangarh This application for bail was dismissed by the learned Addl. Sessions Judge vide order dated 5-1-94. The learned Addl. Sessions Judge was of the view that once a proper challan had been filed, the accused-petitioner could not be enlarged on bail on the ground that there was delay in filing the challan. Aggrieved, accused-petitioner has come to this Court.

(3.) Learned counsel for the accused-petitioner has argued the case on merits as well as on the aforesaid technical ground. A large number of rulings have been cited before me on both the sides.