Gopavaram Siva Prasad , Siva v. The State Of A.P

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO. 2843 OF 2017 ORDER:

This Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed to enlarge the petitioner/ A-9 on bail in Crime No.272 of 2016 of C.K. Dinne Police Station, Kadapa for the offences punishable under Sections 364-A, 392, and 120-B r/ w 34 of IPC.

One of the major contentions raised before this Court is that 90 days period is over and thereby the petitioner is entitled to claim bail as of right under Section 167(2) of Cr.P.C.

But, the present petition is filed under Sections 437 and 439 of Cr.P.C. and the consideration for grant of bail under Section 167(2) Cr.P.C. that is statutory bail is different from the consideration for grant of regular bail under Sections 437 and 439 of Cr.P.C. Therefore, leaving it open to the petitioner to move appropriate application under Section 167(2) of Cr.P.C. before the appropriate Court.

Accordingly, this petition is dismissed.

Miscellaneous petitions, if any, pending in this petition, shall stand dismissed.

____________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:13.04.2017 ccm

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.2843 OF 2017 Date:13.04.2017 ccm