DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) F. I. R. No. 100/88 was lodged at Police station, Gendoli and after investigation the Police submitted challan against Kalu Lal Non-petitioner No. 2 u/s 302 and 430 I. P. C. Kalu Lal moved bail application before the Sessions Judge, who granted the bail application on 7-6-89 on a legal point.

(2.) F. I R. No. 32/89 was lodged at Police station, Talera and after completing the investigation the Police submitted challan against the non-petitioners i. e. Narvel Singh and Gurdev Singh u/s 302 I. P. C. Both the accused submitted bail application which was granted by the learned Sessions Judge, Bundi on 3-6-89 on a legal ground.

(3.) THE learned counsel for the petitioners contended that prior to the amendment of Cr. Procedure Code time of 60 days was provided for filing the challan. THEn this Act was amended in the year 1978 and by that Amendment Act 90 days were substituted in place of 60 days. THEn by the Repealing and Amending Act, 1988 the things specified in the Schedule were repealed to the extent mentioned in the fourth column thereof and by this Act the Code of Criminal Procedure (Amendment Act), 1978 was repealed as a whole. It means that the period for filing challan i. e 60 days which was prior to the amendment in the year 1978 was revised and after this Repealing and Amending Act the position of Section 167 Cr. P. C. comes to the same position which was prior to the amendment of 1978. THE learned Sessions Judge in his order was of the opinion that after Repealing and Amending Act, 1988 the position of Sec. 167 Cr. P. C. is revised and the period for filing challan is 60 days and keeping this amendment Act in mind and interpreting in his own way he granted the bail applications of the accused persons and released them on this technical and legal ground.