SHANKAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is being prosecuted under Section 7 of the Essential Commodities Act and Section 420 of the Indian Penal Code. The matter is still under investigation. Earlier prayer for bail of this petitioner was permitted to be withdrawn in Cr. Misc. 1545/91 (R).

(2.) The present bail application has been filed under the provisions of Section 167 (2) of the Code of Criminal Procedure (shortly the Code) for release of the petitioner as no charge-sheet has been submitted within the stipulate period of 60 days. The matter was agitated before the Special Judge who, by the impugned order, dated 5-6-1991, has rejected that prayer holding that the entire provision of Section 167 of the Code is not applicable and, therefore, the petitioner is not entitled to get the privilege of bail under the mandatory provisions of Section 167 (2) of the Code. Against that, this present petition has been filed in which assertion has been made that the petitioner is entitled to get bail under Section 167 (2) of the Code on the admitted fact that charge-sheet has not been submitted within 60 days and the whole matter is still under investigation.

(3.) Heard Mr. S. N. Gupta, learned counsel for the petitioner and the learned counsel for the State.