S.C. Agarwal, J. - (1.) A case under sections 302, 148, 323, 149 I.P.C. was registered against the accused-applicants and 5 other persons viz. Ranmal Singh, Vedprakash, Vijendra Singh, Bhagwan Singh and Bhola Ram, on the basis of the report lodged by one Jhabar Singh at police station Raghunathgarh on 30th November, 1980. In connection with the aforesaid case accused-applicants Kishore Singh, Chander Singh and Richpal Singh were arrested on 24th December, 1980. Accused-applicants Sarjiet Singh and Shersing were arrested on 26th December, 1980 and accused-applicant Rohtash was arrested on 27th December, 1980. The other accused persons were arrested subsequently. On 23rd March, 1981 a charge-sheet was filed by the Investigating Officer against the accused-applicants in the court of the Chief Judicial Magistrate, Sikar. In the said charge-sheet it was stated that the offences under sections 302, 307, 325, 324, 147, 148, 323 read with section 149 I.P.C. were made out against the accused-applicant. In the said Charge sheet it was also stated that investigation under Section 173(8) Cr.P.C. was in progress against other accused persons and that report in regard to the said accused persons were to be filed later. On 23rd April, 1981 another charge-sheet was filed in the court of Chief Judicial Magistrate, Sikar against three other accused persons viz. Ranmal Singh, Vijendra Singh and Bhagwan Singh in respect of offence under Section 302, 307, 325, 324, 147, 148, 323 read with section 149 I.P.C.
(2.) The accused-applicants have moved this bail application under section 419 Cr. P.C. on the ground that they are entitled to be released on bail under proviso (a) to sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 in as much as the charge-sheet as contemplated by Section 173(2) Cr.P.C. was filed as on 23rd April, 1981 after expiry of ninety days from the date of the arrest of the accused-applicants.
(3.) I have heard Shri N. L. Tibrewal, the learned counsel for the petitioners and the learned Public prosecutor.;