ANAND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The complainant Mukesh Parihar lodged FIR before the police on March 26, 1998 that the accused Anand Singh stabbed Bajrang Singh, due to that Bajrang Singh died on the spot on March 26, 1998. The accused was arrested on that very day i.e. on March 26, 1998. He was produced before the Court on the next day i.e. on March 27, 1998 and the Court gave remand on that day. Since then, he was in judicial custody. However, on June 24, 1998, the accused submitted the bail application under S. 437 read with S. 167(2), Cr. P.C. before the learned Magistrate on the ground that 90 days were over and no charge-sheet was filed. According to the accused-petitioner, his bail application was not decided by the learned Magistrate on that day i.e. on 24th June, 1998 and the same was kept on the next day i.e. on 25th June, 1998. On the next day i.e. on June 25, 1998, the police submitted charge- sheet against the accused for the offence under S. 302, IPC and, therefore, the learned Magistrate rejected the bail application of the accused-petitioner. Thereafter, the accused-petitioner moved bail application before the learned Sessions Judge,

(2.) The learned counsel for the accused-petitioner has raised only one submission, namely, that in the instant case, no charge-sheet was filed on the expiry of 90 days, therefore, the accused petitioner's bail application ought to have been accepted by the learned Magistrate on 24th June, 1998, when it was presented. Instead of that, the learned Magistrate allowed the police to submit charge-sheet on the next day i.e. on June 25, 1998 and then rejected the bail application on the ground that charge-sheet was already submitted. It was submitted by the learned counsel for the accused- petitioner that the learned Sessions Judge committed an error in dismissing the bail application of the accused-petitioner on the ground that on the 90th day the charge-sheet was submitted by the police, therefore, the bail application was rightly rejected by the learned Magistrate.

(3.) The learned counsel for the accused-petitioner Mr. Gupta has heavily relied upon the judgment of the Supreme Court in the case of Chaganti Satyanarayana v. State of Andhra Pradesh, AIR 1986 SC 2130 and submitted that on 24th June, 1998, the date on which the accused-petitioner submitted his bail application before the learned Magistrate, 90 days were over and admittedly, no charge-sheet was filed by the police till 24th June, 1998, therefore, the accused-petitioner should have been released on bail.