RAKESH KUMAR NAYAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner is an accused standing trial for commission of offence punishable under Sections 366, 376 and 323 of the IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. He was arrested on 19.12.2016 at 9.30 p.m. by the jurisdictional police and on 88 th day i.e. 17.3.2017, charge-sheet was filed before the Judicial Magistrate First Class, Gariyaband (hereinafter referred to as "JMFC"), on that day, the Chief Judicial Magistrate, Gariyaband (hereinafter referred to as "CJM") was on leave. The JMFC finding that he has no jurisdiction to take cognizance in the matter directed that the matter to be placed before the CJM on 20.3.2017. Accordingly, the matter was placed before learned CJM on 20.3.2017, in which the CJM directed that it be taken on 21.3.2017 and thereafter, on 21.3.2017 learned CJM returned the charge-sheet to the concerned Police Station seeking some report.

(2.) Thereafter, the petitioner filed an application under Section 167(2) of the CrPC for grant of bail on the ground that charge-sheet has been returned to the concerned Police Station and as such, there is no charge-sheet and therefore, he is entitled to be released on bail under Section 167(2) of the CrPC.

(3.) Learned CJM by the impugned order dated 25.3.2017 rejected the said application holding that charge-sheet has already been filed on 17.3.2017 and further proceeding, if any, could not create a right in favour of the petitioner.