BISHWANATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the A.P.P. for the State.

(2.) In the instant application, a prayer has been made to release the petitioner, namely, Bishwanath Ram on bail who is in jail custody in connection with Meral P.S. Case No. 32 of 1998, corresponding to G.R. Case No. 271 of 1998, under Sections 121/121-A/122/216 of the Indian Penal Code read with Section 17 of the Criminal Law Amendment Act and is in jail custody since 3.5.1998.

(3.) The admitted position is that the petitioner was arrested in the aforesaid case on 3.5.1998 and the police took up the investigation in the case and submitted charge-sheet against the petitioner under Sections 121/121-A/122/124-A/384/ 216 of the Indian Penal Code, 1860 along with Section 17 of the Criminal Law Amendment Act, on 3.8.1998, i.e. on the 9th date from the date of first remand of the petitioner. The learned Chief Judicial Magistrate, Garhwa, did not take cognizance of the offences on the basis of the charge-sheet submitted by the police for want of sanction as the offences were covered under Chapter-VI of the Indian Penal Code, 1860 and the provisions of Section 196 of the Code of Criminal Procedure (hereinafter referred to as the Code)) made it mandatory for the Court to take cognizance of the offences punishable under Chapter-VI of the I.P.C. with the previous sanction of the Central Government or of the State Government as the case may be.