1 APPLN.5157/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5157 OF 2010 Mohd. Shafiq Mohd. Rafiq Qureshi ..Applicant/accused. Vs. The State of Maharashtra ...Respondent. Mr. P.R. Dave, for the Applicant. Smt. P.R. Bhosale, APP for the State-Respondent with Mr. Suresh Patil, Police Inspection present. --- CORAM : J.H. BHATIA, J. DATE : 22nd November, 2010. P.C.: 1] The present applicant who is one of accused persons in C.R. No.129 of 2010 registered under section 307 read with 34 of Indian Penal Code by the J.J. Marg Police Station has filed this application for bail. He was arrested on 13th August, 2010. His bail application was rejected by the Sessions Court on its merits. However, the learned counsel for the applicant/accused points out that the 2 APPLN.5157/2010 applicant was arrested on 13th August, 2010 and even though period of more than 90 days after arrest is over, the charge-sheet is not yet filed. 2] The learned APP, after taking instructions from the Investigating Officer who is present in Court, confirms that the charge- sheet is not yet filed. In view of the provision of 167(2) of the Code of Criminal Procedure, 1908, the applicant is entitled to be released on bail as the charge-sheet is not filed in spite of the fact that the applicant is in custody for more than 90 days. 3] Therefore, the applicant be released on his executing P.R. Bond of Rs.15,000/- with a surety of like amount subject to condition that he shall not misuse the bail and shall report at J.J. Marg Police Station every day between 7 a.m. to 8.00 p.m. till filing of charge sheet. (J.H. BHATIA, J.) 3 APPLN.5157/2010