BEERA SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as also learned A.P.P. for the State.

(2.) The petitioner, who is in custody in connection with Paharpur P.S. Case No. 106/ 2006 under Section 307 and other allied Sections of the Penal Code, seeks the quashing of order dated 7.5.2007 passed by the learned Sessions Judge, East Champaran at Motihari in Criminal Revision No. 50 of 2007, whereby while dismissing the revision petition he has upheld the order dated 20.1.2007 passed therein by the learned Chief Judicial Magistrate, East Champaran at Motihari, whereby he has rejected the prayer of release of the petitioner under the provisions of proviso to Section 167(2) Cr.P.C.

(3.) The petitioner has been in jail custody since 18.10.2006 and since no charge- sheet was filed till 19.1.2007 a petition was moved on his behalf before the learned Chief Judicial Magistrate contending that the charge-sheet not having been filed within the prescribed statutory period of 90 days he was entitled to default bail/compulsive bail in view of the provisions of Section 167(2) Cr.P.C. It appears that on filing of the said petition the learned Court called for a report from the office as to whether a charge-sheet had been filed and the office report endorsed in the margin of the order sheet reveals that no charge-sheet had been filed till 4.30 P.M. on 19.1.2007. Another petition under the same provisions was again moved on 20.1.2007 and the learned Court again called for a report from the G.R. Clerk as to whether the charge-sheet had been submitted. The report df the G.R. Clerk dated 20.1.2007 as endorsed in the margin of the order sheet reveals that charge-sheet as also the case diary had been received and attached with the records and on the basis thereof the learned Magistrate rejected the prayer for bail. Criminal Revision No. 50 of 2007 was preferred there against but as stated above the same too was dismissed on the ground that the charge-sheet had been submitted and no order could be passed under the provisions of Section 167(2).