SANJEEV GUHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both these cases have been preferred by the same applicants in which common question of law is involved, they heard together and are disposed of by this order.

(2.) These revision cases have been preferred by the applicants against the orders dtd. 27/9/2022 passed by the learned Sessions Judge, Janjgir, District Janjgir Champa in Session Trial No.45/2022 and Session Trial No.44/2022 respectively, whereby, the the application filed by the applicants under Sec. 167 (2) (a) of the Code of Criminal Procedure (for short 'Cr.P.C.') for their release on default bail for filing of the charge-sheet by the police after expiry of the prescribed time, has been rejected.

(3.) Shri Asutosh Trivedi, learned counsel for the applicants submits that the applicants have been arrested for the offences punishable under Ss. 420 and 34 of IPC; Ss. 3, 4 and 6 of the Prize Chits And Money Circulation Schemes (Banning) Act, 1978 and Ss. 6 and 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. He submits that learned trial Court has taken cognizance on the basis of incomplete charge-sheet and the investigation officer is still seeking time to file additional documents only to defeat the object to grant bail as provided under Sec. 167 (2) of the Cr.P.C. Therefore, the impugned order dtd. 27/9/2022 is liable to be set aside and the applicants may be released by granting them default bail.