BITUKUMAR CHAMANSINH KASHYAP JIMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned APP Ms. Chetna Shah waives service of notice of admission on behalf of respondent no.1-State and learned advocate Mr. Anand Gogia waives service of notice of admission on behalf of respondent no.2.

(2.) Being aggrieved by an order dated 07.01.2019 passed by learned Sessions Judge, Rajkot in Criminal Misc. Application No.4515 of 2018 in connection with I-C.R.No.196 of 2018 registered with Bhaktinagar Police Station whereby learned Sessions Judge dismissed the application filed by the appellant under Section 167(2)a of the Criminal Procedure Code, 1973 for releasing him on bail due to non filing of charge sheet within 90 days from the date of his arrest i.e. 22.09.2018, the appellant has filed present appeal under Section 14A(1) of the Schedule Caste and Schedule Tribes (Prevention of the Atrocities) Amendment Act, 2015 (for short "Act").

(3.) Brief facts of the case are that the police arrested the appellant on 22.09.2018 in connection with I-C.R.No.196 of 2018 registered with Bhaktinagar Police Station for the offence registered under Sections 363, 302, 377, 511 and 201 of the Indian Penal Code read with Section 3(2)v, 3(2)(2)(5)(A) of the Prevention of Atrocities Act and under Section 8 of the POCSO Act. On the same day, the applicant was produced before Judicial Magistrate First Class who granted remand and sent him in jail and since then, he is confined in jail. Admittedly, the police filed charge sheet on 24.12.2018, but before filing of the charge sheet, the appellant moved an application for bail at 10:50 a.m. on 24.12.2018 under Section 167(2) of the Criminal Procedure Code (for short "Code") which came to be dismissed.