- (1.) ORDER :- The applicant Bijendra Singh alias Pintoo had moved this bail application mainly on the ground that he was arrested in this case and was produced before Additional Chief Metropolitan Magistrate, Delhi on 8-9-2000 from where he was granted judicial remand. But the charge sheet in the case was not filed till 12-12-2000 i.e. even after lapse of 95 days and thereafter he was entitled to bail under the mandatory provisions of Section 167(2) Cr.P.C.
(2.) Initially the bail application of the applicant was rejected by the learned Sessions Judge, Ghaziabad on merit on 3-11-2000. Thereafter, the applicant moved this bail application before this Court on 7-12-2000. During pendency of this bail application before this Court he applied for bail under the provisions of Section 167(2) before Chief Judicial Magistrate, Ghaziabad on 12-12-2000. The learned Chief Judicial Magistrate rejected the bail application on 14-12-2000 on the ground that the applicant was remanded to judicial custody on 21-9-2000 and therefore, the statutory limit of 90 days for completion of investigation have not expired till 12-12-2000 and charge sheet was submitted in the Court on 13-12-2000. Therefore, the applicant was not entitled to bail under Section 167(2) Cr. P.C. The applicant, therefore, filed supplementary affidavit and also claimed his bail under the provisions of Section 167(2) Cr.P.C.
(3.) Heard the learned counsel for the applicant and the learned A.G.A.;