The High Court Of Madhya Pradesh (RAMDAS PATEL Vs THE STATE OF MADHYA PRADESH)

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10-12-2018 Jabalpur, Dated :

Shri Utkarsh Agrawal, learned counsel for the applicants.

Shri Ashish Tiwari, learned counsel for the Objector.

Shri V.S. Mishra, learned Deputy Government Advocate for the respondent/State.

Heard on I.A. No. 19865/2018 which is an application for modification/recall of the order dated 1/11/2018.

Submission of the applicants is that applicant nos. 1, 4 and 5 are in custody since 4/07/2018 and applicant nos. 2 and 3 are in custody since 10/07/2018. Applicants have filed an application under section 167 (2) of Cr.P.C before the learned Judicial Magistrate First Class, Katni. The said application of applicant nos. 1, 4 and 5 was rejected vide order dated 6/10/2018 and of applicant nos. 2 and 3 was rejected vide order dated 9/10/2018. In the matter of applicant nos. 1, 4 and 5 the charge sheet was filed on 8/10/2018 which shows that 90 days' period for consideration of default bail completes on 4/10/2018. Hence, relying on the judgment of Apex Court in the case of Rakesh Kumar Paul Vs. State of Assam reported in (2017) 15 SCC 67 and in the case of Achpal Vs. State of Rajasthan, SLP (