MOHAMMAD NASEEM Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application for grant of bail to the petitioner in terms of Section 167(2) of the Code of Criminal Procedure, the charge-sheet having not been filed within sixty days of the date of detention.

(2.) The petitioner earlier had moved this Court for bail under Section 439, Cr. P.C. but on his prayer, the bail application was permitted to be withdrawn. The police having failed to file charge-sheet within sixty days of the detention, the petitioner moved the learned Additional Sessions Judge for grant of bail in terms of Section 167(2), Cr. P.C., but the application having been rejected, this petition.

(3.) Shri B. S. Mishra, learned counsel submitted that the petitioner was arrested and produced before the Magistrate on 17-5-2002 for allegedly having committed offences punishable under S. 498-A/307/34, IPC and Section 4 of the Dowry Prohibition Act and he was remanded to custody and was continuing as such. An application was moved before the learned Additional Sessions Judge for release of the petitioner in view of Section 167(2), Cr. P.C., the police having failed to file charge-sheet. But the learned Additional Sessions Judge, on erroneous appreciation of fact and misinterpretation of law, has rejected the same.