ADA ALIAS ADEITA BEHERA Vs. STATE

JUDGEMENT

(1.) An allegedly libertine person is claiming liberty on the ground of alleged violation of provisions of Section 167(2) Proviso, of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "code"). The petitioner has been arrayed as one of the accused persons in G. R. Case No. 507 of 1995 in the file of the Sub-Divisional Judicial Magistrate, Dhenkanal, on the allegation that he along with two others forcibly violated a helpless and helpless and insane lady. The petitioner surrendered before the Sub-Divisional Judicial Magistrate on 11-12-1995 who passed orders of remand from time to time pending submission of charge-sheet. On 27-2-1996, the Sub-Divisional Judicial Magistrate directed remand of the petitioner till 11-3-1996. On 10-3-1996, the petitioner filed an application before the Sub-Divisional Judicial Magistrate for grant of bail on the ground that charge sheet having not been filed within ninety days, he is entitled to be released on bail, as on envisaged under Section 167(2), Proviso, of the Code. It was contend that maximum period of remand of ninety days was completion 8-3-1996 and as such bail should be granted as charge sheet had not been filed. The Sub-Divisional Judicial Magistrate replied this contention in the following word :-

(2.) The petitioner filed Criminal Misc. Case No. 82 of 1996 before the Sessions Judge, Dhenkanal Angul. The Session, Judge rejected. the contention regarding applicability of Section 167(2), Proviso, in the following words :-

(3.) In this application for bail, the learned counsel appearing for the petitioner has contended that the petitioner is entitled to be released on bail under Section 167(2), Proviso, of the Code. Alternatively, it is submitted that since investigation is complete and charge sheet has been submitted, the petitioner may be released on bail.The learned standing Counsel appearing on behalf of the prosecution has opposed the bail application.