SIBA BISOI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present application has been filed by the State seeking recall of order dtd. 18/11/2021 passed in the above CRLMC mainly on the ground that such order was obtained by the accused-petitioners by misleading the Court.

(2.) The aforementioned CRLMC was filed by the petitioners under Sec. 482 Cr.P.C. to challenge the orders dtd. 6/9/2020/8/9/2020, 2/3/2021 and 3/5/2021 passed by the learned Sessions Judge-cum-Special Judge, Malkangiri in T.R. Case No. 94 of 2020. It was contended by the petitioners that they were arrested in connection with Mathili P.S. Case No. 125 of 2020 on 6/9/2020 and remanded to judicial custody on the same day and as such, the stipulated period of 180 days for completion of investigation was due to expire on 3/3/2021. Learned Special Judge acting on a petition filed by the I.O. and the Special P.P. on 2/3/2021 extended the said period by 60 days. Accordingly, the extended period was due to expire on 1/5/2021. On the said date, the accused persons were neither produced before the learned Special Judge nor their indefeasible right to be released on default bail was informed to them, even though charge sheet had not been filed. Charge sheet was submitted two days later, i.e., on 3/5/2021, which was accepted and the petitioners were further remanded ignoring thereby their indefeasible right under Sec. 167(2) of Cr.P.C.

(3.) This Court considering the averments made in the CRLMC petition and submissions made on behalf of the petitioners as also taking into consideration the petition filed by the I.O. seeking extension of time to submit charge sheet, wherein the date of expiry of 180 days was mentioned as 3/3/2021, held that the extended period was due to expire on 1/5/2021 and since the accused persons were not produced before the Court nor they were informed of their right of being released on bail despite non-submission of charge sheet, allowed the application granting liberty to the petitioners to move the trial court for bail with further direction that they shall be released on bail on such terms and conditions as may be fixed by the trial court including the condition that they shall personally appear before the trial Court on each date of Pposting of the case without fail.