- (1.) The petitioner accused of offences under ss.302/34 IPC and ss.25/27 Arms Act and in custody from March 1, 2013 is seeking bail under s.439 CrPC.
(2.) The bail prayer was rejected by the court below on June 4, 2013, the 92nd day, considering the nature and gravity of the offences and the charge sheet. Mr Mukherjee appearing for the petitioner has submitted as follows. A charge-sheet was submitted on May 28, 2013; but cognizance was not taken. The court below declined to accept the charge-sheet on June 18, 2013. It ordered further investigation and allowed prayer to interrogate the petitioner once again. A fresh charge-sheet was submitted on July 30, 2013, when cognizance was taken. Hence the first charge-sheet could not extinguish the petitioner s statutory bail right under s.167(2) CrPC on June 4, 2013.
(3.) Mr. Mukherjee has relied on the decisions in Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, 1979 AIR(SC) 1369; Mohamed Iqbal Madar Sheikh & Ors. v. State of Maharashtra, 1996 SCC(Cri) 202; Mithabhai Pashabhai Patel & Ors. v. State of Gujarat, 2009 2 SCC(Cri) 1047.;