Research › Browse › Judgment

Rajasthan High Court · body

1984 DIGILAW 507 (RAJ)

Devendra @ Ram Niwas v. State

1984-11-22

G.K.SHARMA

body1984
JUDGMENT 1. - Heard Mr. Pareek and the P.P. 2. Mr. Pareek has argued that challan in this case was filed after the expiry of more than 90 days from date of arrest of the accused. So, the accused be released on bail. 3. In this case, the accused has been arrested by the police on 8-1-84. The identification parade of this accused was held on 16-12-83 but the police showed his arrest on 8-1-84. When the identification parade of this accused was conducted on 16-12-83, he was under custody in some other case. Then he was sent for identification in this case on 16-12-83, which means that he was arrested by the police on 16-12-83. The date of arrest as shown by the police to be 8-1-84 is not correct, but he will be deemed to be arrested on 16-12-83, when the identification parade was conducted. Now, when the date of arrest is 16-12-83, and the challan has been filed on 26-3-84, it means that the challan has been submitted after more than 90 days of the arrest of the accused-petitioner. Therefore, on this ground the accused petitioner is entitled to be released on bail. 4. It is therefore, directed that the accused petitioner Devendra alias Ram Niwas shall be released on bail, provided he furnishes a personal bond of Rs. 10,000/- with two sureties of Rs. 5,000/- each to the satisfaction of the Addl. Sessions Judge, No. 2, Bharatpur for appearance in his court during the trial, and whenever called upon to do so. *******