Rajasthan High Court - Jaipur
Tulsi Singh vs State Of Rajasthan Through Pp on 17 January, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail No. 113 / 2018
Tulsi Singh S/o Shri Parikshit Singh B/c Rajput, R/o Bijauli, Police
Station, Sarmathura, Distt. Dholpur (raj.) (presently Confined in
Jail At Karauli)
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr.Rajneesh Gupta For Respondent(s) : Mr.Sudesh Saini,PP _____________________________________________________ HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 17/01/2018
1. Petitioner has filed this bail application under Section 439 of Cr.P.C.
2. F.I.R. No.55/2017 was registered at Police Station Langara, District Karauli for offence under Sections 286 I.P.C. and Section 4 & 5 of Explosive Substance Act.
3. It is contended by the counsel for the petitioner that the petitioner in this case was arrested on 19.9.2017. Police remand was given on 20.9.2017. Charge-sheet has been filed on 19.12.2017 which is the 91 st day and as such petitioner was entitled to bail under Section 167 (2) Cr.P.C. It is contended that the Court below has excluded the day on which the police remand was given which is contrary to law.
4. Counsel for the petitioner has placed reliance on Chaganti Satyanarayan & ors. Vs. State of Andhra Pradesh reported (2 of 2) [CRLMB-113/2018] in AIR 1986 SC 2130 & Arjun Singh vs. State of Rajasthan reported in1987 Crl.L.J.1236, wherein Courts have held that the period of 90 days under Section 167 (2) Cr.P.C. begins from the date of order of remand and not from earlier date when accused was arrested.
5. I have considered the contentions. Since the petitioner was arrested on 19.9.2017 only that is to be excluded and the period of 90 days begins from 20.9.2017. From 20.9.2017 period of 90 days expired on 18.12.2017 and the charge-sheet should have been filed on 18.12.2017. Since the charge-sheet has been filed on 19.12.2017 i.e. after the mandatory period of 90 days petitioner was entitled to bail under Section 167 (2) Cr.P.C.
6. Learned Public Prosecutor has opposed the bail application.
7. Considering the contentions put-forth by the counsel for the petitioner, I deem it proper to allow the bail application.
8. This bail application is accordingly allowed and it is ordered that the accused-petitioner shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so.
(PANKAJ BHANDARI), J.
teekam/20