KAMAL LOCHAN SEN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application for bail under Section 167(2) Proviso of the Code of Criminal Procedure on the ground that investigation was not completed within the period of 90 days from the date of arrest of the Petitioner.

(2.) LEARNED Counsel for the Petitioner submitted that though a charge -sheet was filed on 30 -1 -1982 that was before the completion of investigation and the submission of the said charge -sheet not being one contemplated by Section 173(2) read with Section 2(r) of the Code of Criminal Procedure, the Petitioner was entitled to be released on bail. He strenuously urged that though the charge -sheet was filed on 30 -1 -1982 and cognizance was taken, investigation had not been completed as would be evident from the statement contained in the charge -sheet itself.

(3.) THE relevant provision may now be seen. Section 2(r) of the Code of Criminal Procedure defines a police report as follows: