MANOJ YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) On the penultimate date of hearing i.e. 29.06.2020, the Deputy Advocate General Shri Vivek Sharma appeared for the State and sought time to file response as also to argue the matter finally. Thereafter, on the last date of hearing i.e. 08.07.2020 again time was sought by the Counsel for the State for complying with the earlier order. Today Shri Rao, Government Advocate appearing for the State submits that instead of filing reply he is ready to argue the matter finally by making oral submissions.

(2.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity "Code") has been filed by the applicant seeking quashment of the order dated 27.05.2020 passed by the Special Judge (POCSO Act, 2012) Tikamgarh. By the impugned order, the Court below has rejected the application filed under Section 167 of the Code for grant of bail to the applicant which was filed on the ground that he is in illegal detention of the police as there is no order of remand extended and therefore in absence of any order of remand, he cannot be detained in custody and thus the order be passed to release the applicant on bail.

(3.) To reach the inevitable conclusion, certain relevant facts are required to be mentioned, which are:-