- (1.) THIS is second bail application. The first bail application was disposed of on 19-2-2001 with a direction to move fresh bail applicant before learned Sessions Judge on the ground of proviso to S.167 (2), CrPC.
(2.) THE applicant involved in case crime No. 820 of 2000 under S.364/302/34, IPC, P.S. Loni, District Ghaziabad, moved bail application before Chief Judicial Magistrate concerned, who rejected the same and thereafter he moved bail application before the Sessions Judge. The Sessions Judge, Ghaziabad, rejected his bail application on -11-2000 on merit. 3. Thereafter, the applicant moved another bail application before Chief Judicial Magistrate concerned on 12-12-2000 on the ground that charge sheet in the case was not submitted within 90 days from the date of first remand to judicial custody. The learned Chief Judicial Magistrate rejected the above application, vide his order dated 14-12-2000 on the ground that first remand by the Court was granted on 21-9-2000 and therefore period of 90 days did not complete on 12-12-2000, when the bail application was moved under proviso to S.167(2), CrPC. Thereafter , first bail application was moved before this Court on 18-1-2001. The above bail application was disposed of with a direction to move bail application before Sessions Judge concerned on the ground of proviso to S.167(2), CrPC as this point was not raised before the Sessions Judge after rejection of the bail application on the above ground by Chief Judicial Magistrate.
(3.) THE applicant, accordingly, moved bail application before the Sessions Judge, who rejected the same on 7-2-2001. Therefore, this bail application.;