JYOTI TAMANG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order dated 5th January, 2016 passed by the learned Chief Judge (In Charge), City Sessions Court at Calcutta, declining to grant statutory bail to the petitioner in G.R. Special POCSO Case No.2432 of 2015 arising out of Burtolla P.S. Case No.313 dated 16th September, 2015 under sections 366B/370/372/373/120B has been assailed.

(2.) The petitioner was arrested on 1.10.2015 and after expiry of statutory period of detention under Section 167(2) of Cr.P.C. prayed for statutory bail on 5.1.2016. On the self-same date police report was filed and the learned Special Court rejected the prayer for statutory bail and remanded the prayer of petitioner.

(3.) Mr. Prahladka, learned counsel for the petitioner submitted that the petitioner had availed of his right to statutory bail after expiry of ninety days and, therefore, submission of police report could not defeat such indefeasible right. Accordingly, his client was entitled to statutory bail.