SHYAM LAL FHEKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS revision is directed against the order dated 24th of September, 2011 passed in Criminal Revision No. 19/2011 by the Fourth Additional Session Judge, Raipur (C.G.). By the impugned order, the learned Session Judge has set-aside the order dated 08.09.2011 passed by the Judicial magistrate, First Class, Raipur whereby the applicants were released on bail u/s 167 (2) of the Code of Criminal Procedure.

(2.) THE facts, briefly stated, are as under:- The applicants are accused in Crime No. 232/2011, registered at Police Station Kharora u/s 420, 306 read with Section 34 IPC. They were arrested on 10.07.2011. They were produced before the Magistrate on 10.07.2011 who remanded them to judicial custody on the same day. When the charge- sheet was not filed upto 07.09.2011, on 08.09.2011, an application u/s 167 (2) Cr.P.C. was moved on behalf of the applicants for releasing them on bail. The learned Magistrate heard the said application and released the applicants on bail on the ground that the charge-sheet was not filed within 60 days from the date of arrest of the applicant. Admittedly the charge-sheet was filed on 08.09.2011 after filing of the bail application in the earlier part of the day. Being aggrieved with the said order, the State preferred Criminal Revision No. 198/2011 which was allowed by the Session Court and order dated 08.09.2011 granting bail to the applicants u/s 167 (2) Cr.P.C. was set-aside.

(3.) MR . U.K.S. Chandel, learned Panel Lawyer appearing on behalf of the State, opposed these arguments and supported the order passes by the Session Judge.