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2003 Supreme(Kar) 962

A.C.KABIN
GOUSEMOHIDDIN – Appellant
Versus
STATE BY BANGAL POLICE – Respondent


Advocates:
C.H.JADHAV, M.MARI GOWDA

A. C. KABBIN, J.

( 1 ) THE right of an accused to be enlarged on bail under Section 167 (2) of the Cr. P. C. after the charge-sheet is filed, is the matter in issue in this petition filed under Section 482 of the Cr. P. C.

( 2 ) IN furtherance of a complaint filed in October 2001 against the accused alleging that by inducing the complainant's minor daughter to go with him he kidnapped her, a case was registered against the accused. In that case, 1 years after the complaint, the accused (the petitioner) is stated to have surrendered before the police on 22-4-2003. He was remanded to judicial custody and that custody was extended from time to time. Since the police did not file a charge-sheet against him within 90 days, i. e. , on or before 21-7-2003, he became entitled under Section 167 (2) of the Cr. P. C. to apply for his release on bail. Such an application was filed on 23-7-2003. It is stated by the prosecution that charge-sheet was also submitted on the same day i. e. on 23-7-2003. The application for bail under Section 167 (2) of the Cr. P. C. was taken up for consideration on 24-7-2003, and at the request of the learned additional State Public Prosecutor, the matter was adjour










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