Roshan vs State Of Rajasthan

Dr. Pushpendra Singh Bhati, J

This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred praying for the following reliefs:-

“It is, therefore, most respectfully prayed that this Misc. Petition may kindly be allowed and the impugned order dated 27.08.2021 passed by the learned Additional Sessions Judge No. 3, Udaipur and the order dated 18.03.2021 passed by the learned Additional Sessions Judge No. 3, Udaipur may kindly be quashed and set aside and the petitioner may kindly be released on default bail under the provision of Section 167 (2) (a) (i) of Cr.P.C. during trial.”

Brief facts of the case as placed before this Court by the learned counsel for the petitioner are that certain unknown persons committed murder of Jhamku, and an F.I.R., bearing No. 0234 of 2020, was filed against unknown persons for the offence under Section 302 I.P.C. on 08.09.2020, and that on 09.09.2020, the petitioner was arrested during the course of investigation, for the said offence.

Learned counsel for the petitioner submitted that an incomplete charge-sheet was filed by the concerned police authority before the learned Court below, and therefore, the petitioner was entitled for grant of default bail. Thus, as per learned counsel, the learned courts below have erred in passing the impugned orders.

Learned Public Prosecutor opposed the petition.

Heard learned counsel for both parties and perused the record of the case.

This Court observes that the charge-sheet, against the accused-petitioner for the offences under Sections 302 and 449 I.P.C. and 4/25 Arms Act, 1959 was filed on 05.12.2020 which is within the statutory time period of 90 days from the date of arrest of the petitioner, being 09.09.2020. And that, the charge sheet was filed before the learned Court below, and remained there for a period of 3 months, and that it is not the case that the investigation was pending or incomplete.

This Court further observes that the learned Sessions Court, vide impugned order dated 27.08.2021, also recorded the finding that the bail application so preferred by the petitioner, claiming an accrued right to default statutory bail was dismissed after making an application of mind by the learned Court below, vide impugned order dated 04.05.2021.

This Court finds that the present case in not one where an incomplete or preliminary charge-sheet was filed by concerned police authorities to circumvent the provision of law contained in Section 167(2) Cr.P.C.

In view of the above, no case for making any interference by this Court is made out.

Consequently, the present petition is dismissed. All pending applications are disposed of.