- (1.) The instant application under Section 439(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') which has been filed by complainant-applicant Matlub seeks cancellation of bail granted under Section 167(2), Cr.P.C. to non-petitioners No. 2 and 3 by the learned Sessions Judge, Sawai Madhopur vide his order dated 1-9-2005 in Bail Application No. 380/ 2005 arising out of FIR No. 154/2005 PS Mantown, Sawaimadhopur for offences under Sections 143, 148, 323, 447, 307 and 302, IPC.
(2.) The undisputed facts are that the non-petitioner Nos. 2 and 3 were arrested on 17-5-2005. They were produced before the learned Magistrate on 18-5-2005 who remanded them to police custody upto 23-5-2005 on which date they were remanded to judicial custody. After investigation the challan was filed against them along with others on 16-8-2005. No application for bail on their behalf was pending before the Court on that date. The bail application was moved on 23-8-2005 which was ultimately allowed on 1-9-2005.
(3.) Learned counsel for the petitioner-complainant has contended that the non-petitioner Nos. 2 and 3 have been granted bail illegally in utter disregard of the settled legal position governing grant of bail under the provisions of Section 167(2), Cr.P.C. He has also submitted that the challan had been filed on the 90th day from the date of remand of the non-petitioners to the judicial custody. Besides this, 13th, 14th and 15th August, 2005 were holidays.;