SUSHILA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition under Section 397 r/w Section 401, Cr. P.C. is preferred by the accused-petitioner against the order dated 22-9-2006 passed by the District & Sessions Judge, Bunch, whereby he allowed the application under Section 439(2), Cr. P.C. filed by the State through Public Prosecutor and quashed and set-aside the bail order dated 14-6-2006 passed by the Chief Judicial Magistrate, Bundi and directed the trial Court to issue arrest warrant against the accused-petitioner in Criminal Case No. 416/2006 arising out of FIR No. 110/2006, registered at P.S. Kotwal, Bundi for the offences under Sections 420 and 406, IPC.

(2.) Brief facts of the case are that the accused-petitioner was arrested on 8-3-2006 during the course of investigation for the offence under Sections 420 and 406, IPC. On 8-65-2006 the petitioner moved an application under Section 167(2), Cr. P.C. before the Chief Judicial Magistrate, Bundi for bail and the same was allowed by the Court below on 14-6-2006. The bail was granted to the accused-petitioner on the ground that the prosecution has failed to submit the charge-sheet within the stipulated period. During trial the learned Public Prosecutor filed an application for cancellation of bail under Section 439(2), Cr. P.C. and the same was allowed vide order dated 22-9-2006 passed by the learned District & Sessions Judge, Bundi.

(3.) The said order dated 22-9-2006 passed by the District and Sessions Judge, Bundi is challenged by the petitioner in this revision petition on the ground that the petitioner was arrested on 8-3-2006 and the challan was required to be filed on or before 8-5-2006. Admittedly, the challan has been filed on 6-6-2006 i.e. beyond expiry of stipulated period, thereforer, the application moved on behalf of the accused-petitioner under Section 167(2), Cr. P.C. has rightly been allowed by the Chief Judicial Magistrate, Bundi vide its order dated 14-6-2006.