PRAKASH KUMAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order dated 31. 7. 2007 passed by the S. D. J. M. , Angul in c. T. Case No. 704 of 2007 is assailed in the instant revision.

(2.) FACT of the case in brief is that the petitioners along with others have been implicated under Sections 366/376/34 IPC in nalco P. S. Case No. 40 of 2007 corresponding to c. T. Case No. 704 of 2007 pending before the S. D. J. M. , Angul. After completion of sixty days in custody, a petition was filed by the advocate for the petitioners under proviso (a) (ii) to Section 167 (2) Cr. P. C. to release them on bail. The learned s. D. J. M. considered and rejected the same by the impugned order.

(3.) LEARNED counsel for the petitioners submits that in connection with the aforesaid case, accused-petitioners were arrested on 30th May, 2007. Next day, i. e. on 31st may, 2007, they were produced before the s. D. J. M. , Angul, who remanded them to judicial custody. The forwarding report reveals that the accused-petitioners are liable for commission of offences punishable under Sections 366/34 IPC. No charge-sheet having been filed within 60 days, on the 61st day, i. e. on 31. 07. 2007, a petition was filed under proviso (a) (ii) to Section 167 (2)Cr. P. C. to release the petitioners on bail. But the learned S. D. J. M. under erroneous appreciation of fact and misconception of law rejected the same, which warrants interference by this Hon'ble Court.