Babu and Others vs State of Rajasthan

Vinod Shanker Dave, J.—Learned Counsel for the petitioner submits that since challan has been filed beyond a period of 90 days his client is entitled to the benefit of being enlarged on bail under the provisions of Section 167(2), Cr. PC. He submits that benefit of Sunday falling on 90th day cannot be extended to the disadvantage of the accused. In this respect he places reliance on Darshan Singh v. State of Rajasthan 1978 RCC 276 and Powell Nwawa Ogechi v. State (Delhi Administration) 1986 (3) Crimes 577.

Learned Public Prosecutor on the other side submitted that under the Limitation Act if the date expires on holiday the next date is also counted and, therefore, even if it has been filed on next day of Sunday, limitation should be extended. He places reliance on Mahesh Chand etc. v. State of Rajasthan 1984 RLR 697 and N. Sureya Reddy and Anr. v. State of Orissa 1985 Cri. L J. 939. I have carefully looked into all these cases and am in agreement with the view taken in Darshan Singh''s case as well as Powell Nwawa Ogechi''s case. So far as cases cited by the Public Prosecutor are concerned, they have no application to the facts of the present case and I may also observe that the case cited by learned Public Prosecutor, namely, N. Sureya Reddy and Anr. v. State of Orissa (supra) has been thoroughly considered in Powell Nwawa Ogechi v. State (supra). In this view of the matter I am of the opinion that this is a fit case where bail should be granted as the charge sheet has not been filed within 90 days as required u/s 167(2), Cr. P.C.

Consequently this bail petition is allowed and it is directed that the accused petitioner Babu son of Kishore, Ashok son of Ram Prakash and Raju son of Mohan shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 10,000/-with two sureties in the sum of Rs. 5,000/- each to the satisfaction of the trial court for their appearance in that court or wherever and whenever they are required to do so.