THAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INTERPRETATION of Sub -section (2) of Section 167 Cr.P.C. falls for consideration of this Court in this misc. petition which arises out of a judgment dated 28.8.2008 passed by Additional Sessions Judge No. 2, Bayana, district Bharatpur whereby the revision filed by the petitioner against the order dated 6.8.2008 of Judicial Magistrate, First Class, Weir district Bharatpur rejecting the application of the petitioner filed under Section 167 Cr.P.C. has been dismissed.

(2.) IT appears that the petitioner was arrested on 7.5.2008 in the F.I.R. No. 99/2008 of the police station Bhusawar district Bharatpur under Sections 302, 354, 328 IPC. After necessary investigation a challan was Tiled against the petitioner and another person under Sections 302, 328, 354, 201, 120 -B IPC in the Court of Judicial Magistrate, First Class, Weir, on 5.8.2008, i.e. the 90th day from the date of arrest of the petitioner. The Court, however, returned the challan due to certain administrative reasons and then the challan was resubmitted on the next day i.e. 6.8.2008. On 6.8.2008, the petitioner filed an application under Section 167 Cr.P.C. which was dismissed by learned Magistrate on the same day. It has been stated in the* above order that the petitioner filed the application under Section 167 Cr.P.C. after filing of the challan. The petitioner preferred a revision which was dismissed by judgment dated 28.8.2008 passed by Additional Sessions Judge No. 2, Bayana, Aggrieved, the petitioner has filed this misc. petition.

(3.) LEARNED Counsel for the petitioner contends that since the charge sheet has not been filed within the stipulated period of 90 days, therefore, the petitioner is entitled for bail under Section 167(2) Cr.P.C.