PANDIA GOUDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard, the learned counsel for the petitioner and the learned counsel for the State.

(2.) The petitioner, in this case having been denied to avail of the benefit of grant default bail under Section 167(2) of Cr.P.C. vide order dated 02.01.2019 passed by the learned Special Judge-cum-2 nd Additional Sessions Judge, Berhampur in G.R. Case No.86 of 2018 arising out of Buguda P.S. Case No.204 of 2018, though according to him, charge sheet was not filed on the 120th day but was filed on the 121st day after filing of the bail application, challenged the said order to be illegal. Therefore, he is entitled to bail under Section 167(2) of Cr.P.C. by setting aside the impugned order.

(3.) It appears that the learned Special Judge-cum-2nd Additional Sessions Judge, Berhampur, taking note of the law laid down in the case of N. Sureya Reddy v. State of Orissa, 1985 1 OrissaLR 105, wherein it has been held that when 90th day, which is 120 days in Odisha vide an amendment presented, which is a day for filing of the charge sheet is a holiday, on the next day if the charge sheet is filed, the same should be treated as sufficient compliance and in this case as 120th day was holiday, the charge sheet was filed on the next working day, there was no default on the part of the prosecution for filing of charge sheet on 120th day and as such, the petitioner in view of the ratio laid down in the case of N. Sureya Reddy (supra) was not entitled to bail under Section 167(2) of Cr.P.C.