BIJAY SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application is directed against the order dated 30th of January, 2004 passed by the Sessions Judge, Patna in Special Case No. 47 of 2003 whereby the prayer made by the petitioner for grant of bail under section 167 (2) of the Code of Criminal Procedure has been rejected.

(2.) FACTS lie in a narrow compass, Petitioner is an accused in case no. 48 of 2003. According to the prosecution 80 K.Gs. of Ganja was recovered from the jeep in which he was travelling. Said recovery was made on 16.10.2003 and the petitioner was arrested on the same day. He was forwarded to the Magistrate, who remanded him to judicial custody by order dated 17.10.2003. Petitioner filed application for grant of bail on 16.1.2004, inter alia, contending that charge sheet having not been submitted, he had indefeasible right to get bail under section 167(2) of the Code of Criminal Procedure (hereinafter referred to as the Code). When such an application was filed the learned Judge, in seisin of the matter, called for a report and it was found that no charge sheet was submitted. After 30 minutes it came to the notice of the learned Judge that charge sheet has been submitted and taking note of the said fact, the prayer made by the petitioner for grant of bail under section 167(2) of the Code has been rejected.

(3.) WHEN an application for bail is filed by an accused for enforcement of his indefeasible right alleged to have been accrued in his favour on account of default on the part of the Investigating Agency in completion of the investigation within the specified period, the Magistrate/Court must dispose it of forthwith, on being satisfied that in fact the accused has been in custody for the period of 90 days or 60 days, as specified and no charge -sheet has been filed by the Investigating Agency. Such prompt action on the part of the Magistrate/Court will not enable the prosecution to frustrate the object of the Act and the legislative mandate of an accused being released on bail on account of the default on the part of the Investigating Agency in completing the investigation within the period stipulated.