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2015 3 Supreme(Guj) 1009

J.B.PARDIWALA
Alamkhan Umarkhan Jatmalek Jenjari – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :I.H. Syed and Rima P. Patel, Advocates
For the Respondents: K.L. Pandya, Addl. Public Prosecutor

Judgement Key Points

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JUDGMENT :

J.B. Pardiwala, J.

1. By this application, the applicants- original accused persons call in question the legality and validity of the order dated 27.11.2014 passed by the learned Additional Sessions Judge, Dhangandhra in Criminal Misc. Application No. 214 of 2014, by which, the learned Additional Sessions Judge rejected the application filed by the applicants herein, praying for default bail under Section 167(2) of the Code of Criminal Procedure, 1973. It appears that the applicants were arrested in connection with C.R. No. I-86 of 2014 registered at the Patdi Police Station, Surendranagar of the offence punishable under Sections-302, 147, 148, 149 of the IPC and Section 135 of the Bombay Police Act.

2. The applicants were arrested on 11.08.2014 and were produced on the next day i.e. on 12.08.2014 before the Court of the learned Magistrate, Patdi, District-Surendranagar. The learned J.M.F.C. thereafter remanded the applicants to judicial custody.

3. It appears that the period of 90 days expired on 09.11.2014. However, till 09.11.2014, no chargesheet was filed in the Court of the learned Magistrate. The charge-sheet came to be filed on 10.11.2014 i.e. on the 91st day at 04:00















































































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