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R.C.KHULBE
QAZI MOHAMMED NOORUDDIN – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT
Hon'ble R.C. Khulbe, J. (Oral)
Heard learned counsel for the parties.
2. This bail application has been filed by the applicant-Qazi Mohammed Nooruddin, who is in judicial custody, for seeking default bail in FIR No.0496 of 2018, under Sections 420, 120-B, 408 of IPC (currently in custody for offences under Sections 420, 120-B, 409 of IPC), registered at Police Station SIDCUL, District Haridwar.
3. The applicant herein was arrested on 06.03.2019. It appears that the period of 60 days in the judicial custody has already expired, but the charge-sheet was not filed by that time. Thereafter, he moved an application on 10.05.2019 under Section 167(2) Cr.P.C. and prayed for the default bail. The learned Chief Judicial Magistrate rejected such application on 10.05.2019 holding that the charge sheet is to be filed within 90 days and not within 60 days.
4. Being aggrieved with such order rejecting the default bail application, he preferred bail application no.743 of 2019 before the Sessions Judge Haridwar and that application was also rejected on 20.05.2019. Being dissatisfied with the order passed by the learned Sessions Judge, Haridwar, the applicant knocked the doors of this Court
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