- (1.)This is an application by which the applicant has prayed to release him on bail in connection with CR No. 105/ 2009 registered with Mantha Police Station for an offence punishable under sections 457, 394, 376(2)(g) of Indian Penal Code.
(2.)The present application is not moved on merits, but on technical grounds. The applicant is arrested, in connection with the offence dated 10.9.2009, on 2.10.2009 and produced before the Magistrate along with remand report on 3.10.2009. Considering the serious nature of offence, the charge-sheet ought to have been filed within a period of 90 days, which came to be over on 31.12.2009. Accordingly, an application was moved by the applicant before the JMFC, Mantha, who rejected the same and hence revision was filed before the Additional Sessions Judge, Jalna who also rejected the said revision vide order dated 12.1.2010, by holding that the period of 90 days to be computed by excluding the first day of remand when the accused is produced before the Magistrate along with remand report.
(3.)How to compute the period of 90 days, is made clear by the Apex Court in the matter of (Chaganti Satyanarayan Vs. State of A.P., 1986 AIR(SC) 2130) and (1) in the matter of (CBI Vs. A.J. Kulkarni, 1992 AIR(SC) 1768). It is observed in the said judgments that the period to be computed from the first day the accused is produced along with the remand report before the concerned Magistrate. In this view of the matter, the period of 90 days counted from 3.10.2009 and the period of 90 days shall expire on 31.12.2009. Admittedly, on 91st day the applicant had filed application for bail under section 167(2)(b) of the Criminal Procedure Code. On the said application order "other side to say" was passed. At that time, say was filed that now the charge-sheet has been filedand offence is serious and hence the application be rejected. Accordingly, the application was rejected. As stated earlier, on the same ground the revision was also rejected and hence the present application.