M.L.TAHALIYANI
SALMAN @ BABA s/o HARUN KHAN – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
Heard.
2. ADMIT. Heard finally by consent of the parties.
3. The petitioners are accused for the offences punishable under sections 489-B and 489-C read with Section 34 of the Indian Penal Code in First Information Report No. 218 of 2013. The maximum punishment provided for 489-B of the Indian Penal Code is Life Imprisonment. As such, the respondents were under obligation to file charge-sheet within a period of 90 days from the date of arrest of the petitioners to prevent possibility of petitioners getting bail under section 167 (2) of the Code of Criminal Procedure. Admittedly, charge-sheet was not filed within a period of 90 days. Bail was, therefore, granted to them by order dated 27th November, 2013, which runs as under :
"1. Accused Nos. 1 and 2 are hereby released on their P.R. Bonds of Rs. 25,000/- each with solvent surety of like amount each vide section 167 (2) of Criminal Procedure Code.
2. Issue show cause notice to I.O. of Crime No. 218/2013 of PS Kalmana as to why he has not filed charge-sheet against accused within statutory limit provided under Sec. 167 (2) of Criminal Procedure Code as accused are in Jail since arrest."
4. Charge-sheet was filed on next day i
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