BALURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.  91/2019 registered at Police Station Deoli District Tonk for the offence(s) under Ss. 304B and 201/34 of IPC and police filed the challan for the offence under Ss. 302, 201, 202, 203 of IPC.

(2.) Counsel for the petitioner submits that the petitioner was arrested by the police on 20/2/2019 however the charge-sheet against the petitioner was filed by the police on 23/5/2019 after expiry of 90 days period. Counsel further submits that since the investigating agency filed the charge-sheet against the petitioner after expiry of 90 days period, therefore, the petitioner is entitled to default bail. Counsel further submits that the investigating agency submitted the charge-sheet in this matter on 23/5/2019 therefore, after expiry 90 days period the petitioner submitted application under Sec. 167(2) Cr.P.C. on 23/5/2019 before the learned court below which was dismissed vide order dtd. 1/6/2019.

(3.) Counsel further submits that the said application was rejected by the learned court below observing that the charge-sheet against the petitioner was filed under Ss. 302, 201, 202 and 203 of IPC and the investigation was completed prior to completion of 90 days period therefore, the petitioner is not entitled to be released on bail. Counsel further submits that as a matter of fact no charge-sheet was filed against the petitioner prior to completion of 90 days period and after completion of 90 days period the petitioner moved application under Sec. 167 (2) of Cr.P.C. therefore in the facts and circumstances of the case the petitioner is entitled to be released on default bail.