ASHISH SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant criminal miscellaneous petition is directed against the order dated 29.1.2018 passed by the Judicial Magistrate First Class, Bilaspur in Case No.2918 of 2017, whereby the Judicial Magistrate First Class has rejected the application of the accused/Petitioner for grant of default bail under Section 167(2) of the Code of Criminal Procedure.

(2.) Facts of the case, in brief, are that on 6.6.2017, Police Station Civil Lines, Bilaspur, District Bilaspur registered Crime No.421 of 2017 against the present Petitioner and other co-accused persons for offences punishable under Sections 420, 406 and 407 of the Indian Penal Code. The Petitioner was arrested on 9.6.2017 and was produced before the concerned Magistrate on 10.6.2017 on which date he was remanded to jail. Thereafter, the police had continuously been taking remand of the Petitioner on subsequent dates till 11.8.2017. Since the offences in question relate to Sections 420, 406 and 407 of the Indian Penal Code, the Petitioner was entitled to be released on default bail if the prosecution failed to file charge-sheet within 60 days from the date of first remand. On 10.8.2017, the period of 60 days completed. Therefore, on 10.8.2017, the Petitioner was entitled to get default bail. He moved an application under Section 167(2) of the Code of Criminal Procedure for grant of default bail which has been rejected by the Judicial Magistrate First Class vide the impugned order dated 29.1.2018 stating that the offences punishable under Sections 467 and 468 of the Indian Penal Code have also been added in the case against the Petitioner because of which according to the period of remand provided for these offences investigating agency had time of 90 days from the date of first remand for filing the charge-sheet and, therefore, the application filed by the Petitioner/accused for grant of default bail was premature. The Petitioner/accused filed a writ petition, being Writ Petition (Cr) No.330 of 2017 before this Court on the ground that offences punishable under Sections 467 and 468 of the Indian Penal Code were added to frustrate the entitlement of the Petitioner for his release on bail after 60 days of the remand and the Magistrate has passed the order of remand on 31.7.2017 without application of his mind before passing the impugned order. The Magistrate ought to have applied his mind as to whether the offences included under Sections 467 and 468 of the Indian Penal Code are supported with material on record or not. The said writ petition was allowed by this Court vide order dated 6.10.2017 and the matter was remanded to the Magistrate to consider the application of the Petitioner under Section 167(2) of the Code of Criminal Procedure afresh keeping in view the observation made by this Court in the order dated 6.10.2017. In the order dated 6.10.2017, it was observed by this Court as under:

(3.) Being aggrieved by the order of remand of the matter dated 6.10.2017 passed in Writ Petition (Cr) No.330 of 2017, the Petitioner preferred a writ appeal, being Writ Appeal No.490 of 2017, but the writ appeal was dismissed as withdrawn on 6.12.2017. Thereafter, the Petitioner again filed a review petition, being Review Petition No.164 of 2017 for review of the order dated 6.10.2017 passed in Writ Petition (Cr) No.330 of 2017. Vide order dated 10.1.2018, the review petition was allowed and this Court modified its earlier order dated 6.10.2017 and it was ordered that the concerned Magistrate shall consider on the preparedness of the Petitioner on the basis of the application filed previously and if satisfied may pass the orders for furnishing bail bonds as per the provisions under Section 167(2) of the Code of Criminal Procedure. Thereafter, the Petitioner again approached the concerned Court of Magistrate for grant of default bail under Section 167(2) of the Code of Criminal Procedure, but his prayer has been rejected by the Magistrate vide the impugned order dated 29.1.2018 on the ground that on 31.7.2017 the offences under Sections 467 and 468 of the Indian Penal Code were also added by the prosecution and the offence under Section 467 of the Indian Penal Code is punishable with life imprisonment, therefore, the period for filing charge-sheet has been extended to 90 days and before that, on 6.9.2017 charge-sheet had been filed. Therefore, the Petitioner is not entitled to get default bail under Section 167(2) of the Code of Criminal Procedure. Hence, the instant petition.