- (1.) Heard.
(2.) By this application, the applicant takes exception to the order dated 25th September 2009 passed by the Judicial Magistrate, First Class, Ichalkaranji refusing to accept the bail and surety furnished by the applicant in pursuance of his earlier order dated 14th July 2009 passed under Section 167(2) of the Code of Criminal Procedure (for short "the Cr. P.C.).
(3.) The facts giving rise to the present application are briefly given below: The applicant, who is arrayed as the accused No. 2 in C.R. No. 44 of 2009 registered at Shivaji Nagar Police Station, Ichalkaranji for an alleged offence punishable under Section 376 and other sections of the I.P.C., was arrested by the police on 1st March 2009. The applicant was initially remanded to police custody and was thereafter remanded to the judicial custody and is presently in judicial custody. Investigation was not completed and a chargesheet was not filed within the period of 90 days of arrest, which expired on 30th May 2009. The applicant made an application for bail to the Magistrate on the ground that continued detention of the applicant in judicial custody beyond the period of 90 days was impermissible in view of Section 167(2) of the Cr. P.C. The Magistrate allowed the application on the same day and directed release of the applicant on bail on his executing P.R. Bond of Rs. 50,000/and furnishing two solvent sureties each of Rs. 50,000/. The applicant was unable to furnish two solvent sureties till 25th September 2009. On 25th September 2009, the applicant approached the Magistrate with two sureties and prayed that the sureties be accepted and he be released on bail. In the meanwhile, the chargesheet was filed by the police on 16th July 2009. The learned Magistrate held that the right which had accrued to the applicant for being released on bail under Section 167(2) of the Cr.P.C. was extinguished on the filing of the chargesheet on 16th July 2009 and, therefore, refused to accept the sureties and release the applicant on bail. The applicant has therefore, approached this Court.;