PURNA CHANDRA HARIJAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant revision petition is filed by the petitioner challenging the impugned order dtd. 25/1/2024 passed in G.R. Case No.1247 of 2023 by learned S.D.J.M., Nabarangpur, who declined to release him on bail in terms of Sec. 167(2) Cr.P.C. on the grounds inter alia that the decision is erroneous and not in consonance with settled position of law, hence, therefore, the same is liable to be interfered with and set aside.

(2.) By order dtd. 22/1/2024, cognizance under Sec. 302 IPC and other allied offences was taken on receipt of chargesheet after closure of investigation. On 25/1/2024, the petitioner requested learned court below with an application filed under Sec. 167(2)(a)(i) Cr.P.C. to release him on bail to which objection was raised by the prosecution later to which the impugned order under Annexure-1 was passed. The plea of the petitioner was that since the chargesheet was not filed within 120 days from the date of his arrest but on 121st day, an indefeasible right has accrued as a result and he was to be offered bail in view of the statutory mandate prescribed under Sec. 167(2) Cr.P.C. However, the learned court below taking into account the chargesheet and other connected materials declined to release the petitioner dismissing the plea that he is so entitled on account of non-submission of chargesheet within the stipulated period.

(3.) Heard Mr. Das, learned counsel for the petitioner and Mr. Tripathy, learned AGA for the State.