GUDDU @ MOHD. RIYAZUDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed in reference to Sec. 167(2) Cr.P.C.

(2.) It is stated that by remand, custody of the accused- applicant can be authorised for maximum period of 60 or 90 days as per Sec. 167(2) Crimial P.C. In the instant case, the accused-applicant was detained beyond the period of 90 days. It is not only that the charge sheet but cognizance of offence was subsequent to the period of 90 days. Since, cognizance of offence was not taken within the period of 90 days, the accused-applicant is entitled for grant of bail.

(3.) A reference of judgement of this Court in the case of Shankerlal Nai Vs. State of Rajasthan reported in 2007 (3) RCC 1217 has been given. In the said case, two earlier judgements of this Court in the case of Roopchand Vs. State of Rajasthan reported in 1997 Cr.L.R. (Raj.) 774 and in the case of Narayan & Ors. Vs. State of Rajasthan reported in 1982 RCC 316 were relied. The judgement of this Court in the case of Mahaveer Singh Vs. State of Rajasthan reported in 1992 RCC 439 has also been listed by learned counsel for the accused-applicant. A prayer is accordingly made to enlarge the accused-applicant on bail.