ANITA BAI AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under Sec. 397 read with Sec. 401 Crimial P.C. is directed against the order dated 14.9.2006 passed by the learned Special Judge, NDPS Act Cases, Jhalawar, whereby bail application arising out of FIR No. 87/2006 PS Aklera Distt. Jhalawar has been disallowed.

(2.) Learned counsel for the petitioners has inter-alia contended that the petitioners were arrested no 15.3.2006. The period of 180 days expired on 11.9.2006. The bail application was moved on 12.9.2006 and thereafter, charge-sheet was filed on 13.9.2006 i.e. on 182nd day of the arrest of the petitioners. Thereafter, the bail application was rejected on 14.9.2006 stating that on the application filed on 5.9.2006 period of 180 days is being extended by a further period of 15 days as prayed for in the application.

(3.) Learned counsel for the petitioners has contended that in view of the provisions of Sec. 167(2) Crimial P.C. read with Sec. 36A(4) of the NDPS Act, 1985, the petitioners became entitled to bail. Simply because the bail application was disposed of on 14.9.2006 after filing of the charge-sheet on 13.9.2006 would not dis-entitle them from release on bail which is a 'compulsive bail'. Reference has been made to State of Maharashtra Vs. Mrs. Bharati Chandmal Varma @ Ayesha Khan, 2002 R.Cr.D. 109 (SC) , Uday Mohanlal Acharya Vs. State of Maharashtra, 2001 Criminal 319 , Union of India Vs. Thamisharasi & Ors., 1995(2) Crimes 523 , Hiralal Vs. State of Rajasthan-2005(2) WLC (Raj.) 509 , State Vs. Mangilal-2005(1) WLC (Raj.) 689 , Manoj Vs. State of Madhya Pradesh, 1999(2) NDPS Cases 1 and Union of India Vs. Thamisharasi & Ors.-1995(2) EFR 135 .