SALIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this bail application only point raised is that the accused -petitioners are entitled to be released under the provisions of Section 167(2) Cr.PC.

(2.) ADMITTED facts of the case are that the accused -petitioners were arrested on August 1, 1985, by the police station, Gumanpura, Kota in a case under Section 302 IPC and during the course of investigation last remand order passed by the Judicial Magistrate No. 3, Kota was on October 17, 1985, by which the petitioners were remanded upto October 31, 1985, though the period of 90 days was to expire on October 29, 1985, since after the date of their arrest. It is also admitted that charge -sheet was submitted on October 29, 1985, i.e. before expiry of 90 days. On the date the charge -sheet was submitted the accused were not forwarded to the court along with the police report. It is also admitted that documents under Section 167 Cr.PC were also not given on this date. The short question, therefore, raised is that whether the accused could be remanded upto October 31, 1985, and if remanded was it not obligatory for the Police Officer to forward them to the court along with charge -sheet on October 29, 1985, and whether cognizance could be taken in their absence and whether for this reason the accused -petitioners are entitled to bail.

(3.) ON the other hand learned Counsel for the complainant submitted that as soon as the charge -sheet is submitted the Magistrate took cognizance of the offence and thereafter the petitioner has been remanded to custody as required under Section 309 Cr.PC and even if the detention of the petitioners have been illegal it was cured and the case is squarely covered by Full Bench decision of this Court reported in Mahesh Chand etc. v. State of Rajasthan AIR 1984 Raj 697.