IN TI-IE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR Q9. Cr.M.P.No. OF 2010 PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PETITION UNDER SECTION 482/OF THE CODE OF CRIMINAL PROCEDURE FOR SETTING ASIDE THE ORDER DATED 10 12 2009 PASSED BY 2N/ATTITIONAL SESSIONS JUDGE, (FTC) KORBA PETITIONER .Ranjit Sahu, S/o. Peetar Lal Sahu, Applicant CwxJcLil) aged 22 years, Caste Teli, R/o. “WM Village Chiknipali, Tahsil Kartala, 45 5(\\O_.. aka! iv“ Police Station Kartala, District Korba gig” VERSUS RESPONDENT State of C.G. through Police Non—applicant Station, Kartala; District Korba (CtG.) G m pNoCf5jzo1o m 200 mm (Wu) WWW ammm mmm WW wm $3il‘waa1én PRQTBNKER DIWAKER M $.B. HON’BLE JU$TICE 15-Q4—2G1Q: Shri Shaiiendra Dubey (sauna-we! forthe peiitioner. $hri Akhil Mishra; Dy. JIM, Advacaie forthe State. Present petition filed u der Seci‘mn 4&2 of the (3mm ef Crimima! Procedure is directed again t the impugned ardezr datgcs 1G.12.2f3£39 passed by Second Additi na! $e$sicm3 Judge (F.T'.C.),. Kama whereby while dismiseing t e revision as filed by the petitioner: the learned court beiow hae aff ed the Cider dated 2Q.1G.2QG§ passed by learned Judicial Magistrat First Claeey Kartala; Dieirici Korea. Counsel for the petitio er submits that the petitioner is accused in Crime Noi6512069 regist red by Poiice of Peiice $ta’ii0n Kariaia; District Korbai He submi that the petitioner was arrested on 28.7.20G9 and the challan as filed before the coneemed Magistrate on 29th October, 2009. Ace rding to him, the challan was iiied after the expiry of 90 days and in fact on 94th day and, t.e.efore, in view of the provisions as contain in under Section 167 oi the Code oi Criminai Procedure; petition r is entitied for bait He submits that. on 27402009 after lapse o (2) of the Code of Criminai Prooedure which was reiected by he eourt heiow on v29i10i2im9 and unfortunately the said ‘orde hes been confirmed by the trial Court. According to counsel for t‘n petitioner it is e settled position oi iaw 9C) days, the netitioner has filed an application under Section 1 @ a i m t e f 7 @ Wm m ‘ zoo mm (Wu) mam WWW WWW WW Wm $aimm that once the chauan has been med within the stipulatgd periad Le. 90 days and the appli'catan has been moved befara f§€§ng of the 'chauan, the petitioner is entiti d for bait, On the other hand; c uneei for the State oppeeee the beii application and admits that c aiian wee fiied after iapee oi 9i) daye. Admitted positien in th preeent case is that the petitionei was anested on 28.7.2099 and o the same day the remand wee snughi: up to 11.8.2009. The petition r nae filed an appiication under Sectien 167(2) of the Code of Grimi ai Procedure on 26.10.2069 and if the caicuiation is madei the eam becomes to 91 days. Counsel for the State admtte that in the present case chastan was tited on 29.10.2010 Le. h day, Considering the totai of the facts & eiroumstances of the case, the petittoner is 'ehitied for bait. impugned order dated 1().12.2009 is set aside. Th petitioner is directed to be reieaeed on bait on his furnishing a perso at bond of Rs.10.,0t)0 with one surety tor the iike sum to the satistaot of the concero Court“ /J i Certified copy as per ruies. n . .‘ i. ne i