RAJA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners are accused persons in G.R. Case No. 777 of 2022 pending in the court of learned J.M.F.C.(O), Bhubaneswar. In the present application filed under Sec. 482 of Cr.P.C., they seek to challenge the order passed by the courts below in rejecting their application filed under Sec. 167(2) of Cr.P.C. for grant of default bail.

(2.) The aforementioned case has arisen out of Balipatna P.S. Case No.183 dtd. 7/7/2022 registered for commission of the offence under Ss. 302/364/120(B)/114/34 of IPC.

(3.) Both the petitioners were arrested on 11/7/2022 and remanded to judicial custody on the same day. Their application for bail was also rejected on the same day. On 11/11/2022, the record was put up on the strength of advance petition filed on behalf of the petitioners for consideration of another application filed by them for release on default bail as per provision under Sec. 167(2) of Cr.P.C. on the ground that charge sheet had not been submitted, even after lapse of the statutory period of 120 days. Learned J.M.F.C. after hearing both sides found that a charge sheet had actually been submitted by the I.O. on 5/11/2022, but for some reason had not been placed before the Court. Since the charge sheet was not tagged to the case record, learned J.M.F.C. directed the CSI attached to the Court to place the charge sheet in the open court forthwith, pursuant to which a staff of CSI placed the charge sheet in presence of both parties. On perusal of the charge sheet, learned J.M.F.C. having found that the same had been submitted on 5/11/2022 and was not placed before the Court for consideration due to laches and lapse of CSI staff, but the same having been filed within the stipulated period, the right of the accused persons to statutory bail came to an end. On such findings learned J.M.F.C. rejected the application for default bail.