ASHISH SINHA Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard.

(2.) It is submitted by the learned counsel for the petitioner, that the petitioner was arrested on 09.06.2017 and produced before the Magistrate on 10.06.2017, on which date he was remanded to jail. It is submitted that as per the FIR, offences under Section 420, 406 and 407 of Indian Penal Code was registered. According to that the period of imprisonment as provided in these penal provisions, the petitioner had entitlement to be released on bail, if the prosecution failed to produce the charge-sheet within 60 days from the date of first remand.

(3.) Petitioner moved an application under Section 167 (2) Cr.P.C. on 10.08.2017 on the basis of this entitlement as the charge-sheet was filed by investigation agency within 60 days. The application of petitioner was rejected arbitrarily by the Chief Judicial Magistrate, Bilaspur, stating that offences under Section 467, 468 of I.P.C. have been added in the case against the petitioner, because of which according to the period of remand provided for these offences, investigation agency has time of ninety days from the date of first remand for filing the charge-sheet. Hence, the application filed was premature.