AJAY SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under Sec. 439, Code Criminal Procedure has been filed by the accused-petitioner in FIR No. 439/06 registered at Police Station, Bajaj Nagar, Jaipur City, Jaipur for the offence under Sections 302, 201, 379 and 411 IPC.

(2.) Briefly stated, the facts of the case are that on 25.9.2006 at about 8.40 a.m. on an information, the in-charge of the Bajaj Nagar police station went behind the Jaipuria School near JLN Marg and found a dead-body of woman in a pit near the road. FIR under Sections 302 and 201, Indian Penal Code was registered, investigation commenced and the deceased was identified as Gayatri Devi wife of Pushpendra resident of Bharatpur. During the course of investigation the police collected evidence and arrested the accused-petitioner on 30.9.2006. Time-to-time police remand, thereafter judicial remand were granted and after completion of the investigation, police filed charge-sheet on 23.12.2006 and, cognizance order was passed by Judicial Magistrate on 4.1.2007.

(3.) Learned Counsel Mr. S.K. Gupta, appearing for the accused-petitioner strenuously contended that till cognizance was taken, remand under Sec. 309, Code Criminal Procedure cannot be granted and the provisions of Sec. 167, Code Criminal Procedure can only be invoked for remanding the accused-petitioner prior to the cognizance order, while in the instant case though charge-sheet was filed within the prescribed period of ninety days, cognizance could not be taken within the stipulated period and, therefore, the accused-petitioner is entitled to be released on bail by invoking the provisions of Sec. 167(2), Code Criminal Procedure Reference was made on the judgments rendered in Beni Madhava & Others Vs. The State of Rajasthan, 1982 RCC 145 ; Kimbhadhur Palsiram Thapa Vs. State of Maharashtra, 1989 (3) Crimes 543 ; and Mahaveer Singh Vs. State of Rajashtan, 1992 (3) Crimes 479 . While assisting the Court, learned Counsel Mr. S.K. Gupta, frankly admitted that touching to the point involved in this case, the Division Bench of this Court had delivered a judgment in Nizzu Vs. State of Rajasthan, 1993 RCC 526 .