SUJATA CHENNAKESHAVALLU RAMGIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants who are arraigned in C.R.No.258 of 2021 for the offences punishable under Ss. 420, 406 and 506 of the Indian Penal Code, 1860 ('the Penal Code') and Ss. 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, have preferred this Application for releasing them on bail.

(2.) The Applicants claimed that they were arrested on 20/10/2021. The Investigating Officer filed a charge-sheet on 17/12/2021 for the offences punishable under Ss. 420, 406 and 506 of the Indian Penal Code, 1860 ('the Penal Code') and Ss. 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. However, the jurisdictional Magistrate has not yet taken cognizance of the said offences. Resultantly, according to the Applicants, they are in illegal custody.

(3.) The Applicants had, thus, preferred an Application before the learned Magistrate for default bail under Sec. 167 (2) of the Code of Criminal Procedure, 1973 ('the Code'). However, the learned Magistrate by an order dtd. 2/2/2022 rejected the Application. The Applicants carried the matter in revision being Criminal Revision No.63 of 2022, before the learned Additional Sessions Judge, Pune. The learned Additional Sessions Judge also dismissed the Revision Application. Being aggrieved, the Applicants have approached this Court.