Sandeep Tel murder case: Accused tries smart maths, court shows his right place
Indore: Indore bench of Madhya Pradesh High Court rejected an application challenging lower court orders pertaining to rejection of bail plea by Sudhakar Rao, accused in the infamous Sandeep Agrawal aka Sandeep Tel.He had sought his release...
Indore: Indore bench of Madhya Pradesh High Court rejected an application challenging lower court orders pertaining to rejection of bail plea by Sudhakar Rao, accused in the infamous Sandeep Agrawal aka Sandeep Tel.
He had sought his release claiming police failed to file chargesheet in the case within the prescribed time limit of 90 days as per 167 (2) Code of Criminal Procedure.
The court got a chart prepared to count days of Rao’s remand and then citing two Supreme Court orders rejected his application seeking its interference in orders passed by lower courts.
Agrawal was shot by some persons on January 16 over an alleged dispute related to Rs 17 crore.
Sudhakar Rao was allegedly booked and sent on judicial remand for conspiring and planning the murder.
In his application to the court, Rao said that he was in Chittorgarh jail in Rajasthan for another offence. The Indore police on January 21 moved an application seeking custody of Rao in Agrawal murder case. The police got his custody on January 22. On January 23, he was produced in a local Indore court that sent him on remand.
Time to time, his remand was extended. The police filed charge-sheet in the case on April 23 which he claimed was beyond the mandatory condition of 90 days.
His advocate AK Mathur stated that Rao completed 92 days in police custody and 91 days in formal arrest on March 23 when the charge-sheet was filed.
Claiming breach of 90-day period rule, Mathur sought bail under Section 167 (2) of CrPC stating that the accused’s previous appeals were rejected in lower courts.
Additional advocate general told the court that the applicant was trying to mislead the court by stating date of arrest either January 21 or January 22. He stated that Rao was produced before a local court on January 23 from where he was sent to judicial remand.
Citing a Supreme Court order in Ravi Prakash Singh case, the additional advocate general stated that the date of order of remand should be excluded for calculation of 90-day period.
Justice Vandana Kasrekar observed that Chaganti Satyanarayana vs State of AP (Supra) Supreme Court has decided that the period of police custody of accused would not be included for computation of period of 90-day or 60-day, as the case may be, as per provision under Section 167 (2) proviso (a) of CrPC.
The judge also observed that the date of remand i.e, dated March 23 should be excluded as per the judgment passed by the SC in case of Ravi Prakash Singh (Supra).
With these observations, the judge counted the number of days from January 24 and till production of chargesheet on April 23. The count was exactly 90 days.
The applicant has filed on 90th day, which is pre-mature because cause of action would be accrued after the period of expiry of 90 days nor before that,” Justice Kasrekar said denying interference in orders passed by lower courts.