Rajasthan High Court - Jaipur
Bhagwat S/O Shravan Lal B/C Mali vs State Of Rajasthan Through Pp on 27 July, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Third Bail No. 9373/2018
Bhagwat S/o Shravan Lal B/c Mali , R/o Village Doroly, Police
Station Kherli, District Alwar (Rajasthan) (Presently Accused Is
In Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan Through Pp , Raj.
----Respondent
For Petitioner(s) : Mr. Nripendra Sinsinwar For Respondent(s) : Mr. Virendra Godara, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 27/07/2018
1. Petitioner has filed this third bail application under Section 439 of Cr.P.C.
2. F.I.R. No.276/2017 was registered at Police Station Kherli (Alwar) for offence under Sections 147, 148, 149, 302, 307 of I.P.C. and Section 5/27 Arms Act.
3. It is contended by counsel for the petitioner that charge- sheet was not filed within the requisite period of ninety days. It is also contended that petitioner was entitled to bail as the Magistrate is not empowered to extend the period of custody beyond ninety days.
4. Learned Public Prosecutor has opposed the third bail application. His contention is that charge-sheet was filed on 17.08.2017, thereafter, petitioner moved first bail application (2 of 2) [CRLMB-9373/2018] which was rejected on 25.10.2017, thereafter he moved second bail application which was rejected on 19.02.2018. In the earlier bail applications, petitioner did not raise the ground under section 167(2) Cr.P.C. and after a belated stage that is after almost ten months of filing of the charge-sheet when earlier bail applications were rejected on merits, that petitioner has moved application under Section 167(2) Cr.P.C.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the state, I am not inclined to entertain the third bail application.
7. The criminal misc. third bail application is, accordingly, rejected.
(PANKAJ BHANDARI),J Arti/91 Powered by TCPDF (www.tcpdf.org)