JUDGMENT 1. - Heard learned counsel for the parties and perused the papers made available to me including the case diary. 2. In this application for bail, under S. 439 Cr.P.C. the allegations made against the petitioner and is about cruelty and dowry death. The accused was arrested on 16th January, 1992. He moved an application for bail under S. 439 Cr.P.C. before the trial-court, which was rejected on 20th January, 1992. He thereafter, moved an application before this court, wherein an interim bail was prayed for and granted on humanitarian consideration. Thereafter, he surrendered. The accused petitioner was in judicial custody granted to him by the learned Addl. CJM. Hindaun City and the last remand was to expire on 22nd April, 92, but prior to that 90 days were coming to an end from the date of arrest of the accused on 16th April, 1992. On 13th April, 1992, the challan was ready and it was presented by the APP before the Addl. C.J.M, Hindaun City, but the learned ACJM mentioned in the order sheet that the accused is in judicial custody upto 22nd April, 1992, hence, the challan should be submitted on 22nd April, 1992, which is the date fixed. He also observed that the copy of the charge-sheet meant for the accused petitioner is not accompanied. Thus, neither copy of charge-sheet was given to the accused on 13th April, 1992 nor any steps in the direction of "Taking cognizance of offence" was taken. A mechanical adjournment was granted by the learned ACJM. 3. It may be observed that charge-sheet was then filed on 22nd April, 1992 and in support of this contention an affidavit by Kanchanlal Meena, father of the accused-petitioner had also been filed. 4. It appears that neither the I.O. nor the A.P.P. nor A.C.J.M. applied their mind to the legal position on 13th April, 1992, which has resulted in making detention of the accused, illegal and it is a very serious lapse on the part of all the three in a case where grave offence is alleged. The I.O, has flouted the orders of the S.P. he was directed to him as early as 12th April, 1992, to file the charge-sheet in the Court. Before this the Dy. S.P. on 11.4.92, has already put a note to that effect. The I.O, has flouted the orders of the S.P. he was directed to him as early as 12th April, 1992, to file the charge-sheet in the Court. Before this the Dy. S.P. on 11.4.92, has already put a note to that effect. If the Court had ordered on 13th April, 1992, that the charge-sheet is returned to be filed on 22.4.92, as it is not accompanied with the copy meant for the accused, the I.O. ought to have prepared the copy & supplied the same to the accused and re-submitted the challan papers on or before 16th April, 1992, and equally essential it was for the A.P.P. to have admitted in this direction. The learned A.C.J.M. also could not have deferred the case for filing the charge-sheet on 22nd April, 1992, when the period of 90 days was expiring. 5. For the reasons best known, the completed charge-sheet has not been submitted within the period of 90 days in accordance with the law and the learned Magistrate, has also not proceeded in right direction as was required of him, resulting in making it obligatory to this Court to give effect to the provisions of law in releasing the accused-petitioner in bail. What otherwise could not have been done in a serious case like the present in a dowry death, has been done deliberately for want of proper care, which require to be properly looked into by the S.P. Sawaimadhopur. 6. In the result, I find no option, but to accept the application as the detention of the accused became illegal after 90 days. This bail application of the accused-petitioner is therefore, allowed and the accused-petitioner Ram Avtar alias Avtar Singh is ordered to be released on bail, provided he furnishes a personal bond in the sum of Rs. 10,000/- together with two sureties in the sum of Rs. 5,000/- each to the satisfaction of the learned trial court, for his appearance on all subsequent dates of hearing as and when called upon to do so. 7. A copy of this order shall be sent to the S.P., Sawaimadhopur, the Director (Prosecution) and the Registrar, Rajasthan High Court, Jodhpur. *******