LAKHAN SINGH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) The merits of the prayer for bail, advanced on behalf of the applicants were considered in my earlier order dated 16.1.97. The first application was dismissed and thereafter the second bail application was also dismissed as withdrawn.

(3.) The learned counsel for the applicants, however, submitted that though the charge sheet was submitted against the applicants on the 90th day after their arrest yet copies of challan were not supplied to them either within 90 days of their arrest or even thereafter till date. Relying upon the decisions of the Madhya Pradesh High Court in the cases of Dotha Vs. State of M.P., 1992 (2) Crimes 1171 , Gowardhan Vs. State of M.P., 1993 (3) Crimes 104 And Atik Mohd. Vs. State of M.P., 1993 (2) Crimes 172 ) it was submitted that on the ground of non-supply of the copies of challan to the applicants, they were entitled to bail. Their Lordships of the Madhya Pradesh High Court appear to have favoured the view that where the copies of challan are furnished to accused after expiry of statutory limit, the accused becomes entitle to bail as per provisions of Sec. 167 (2) Criminal Procedure Code.