SANDEEP SRIVASTAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under section 482 CrPC has been filed by the petitioner against the order dated 16.06.2014 passed by Additional Chief Metropolitan Magistrate No.4, Jodhpur Metropolitan (for short 'the trial court' hereinafter) on an application preferred by the petitioner under sub-section (2) of section 167 Criminal Procedure Code.

(2.) Brief facts of the case are that the petitioner was arrested by the police on 18.01.2014 in connection with a case registered against him for the offences punishable under sections 420, 409, 467, 468, 471 and 120-B IPC read with section 66 of the I.T.Act. When the investigating agency failed to submit charge-sheet against the petitioner within the time prescribed, the petitioner moved an application under sub-section (2) of section 167 CrPC and prayed that he may be released on bail. The said application filed by the petitioner was rejected by the trial court while observing that the High Court vide order dated 07.12.2014 has already ordered for releasing the petitioner on bail on an application preferred on his behalf under section 439 CrPC and the petitioner cannot be ordered to be released on bail while exercising powers under sub-section (2) of section 167 CrPC.

(3.) Learned counsel for the petitioner has assailed the validity of the order dated 16.06.2014 while arguing that grant of application for bail by the High Court while exercising powers under section 439 CrPC is quite different from releasing the petitioner in terms of the statutory provisions under sub-section (2) of section 167 CrPC. It is further contended that provisions of sub3 section (2) of section 167 CrPC are mandatory in nature and when a case is made out for releasing an accused on bail by invoking the said provisions, then he/she is liable to be released irrespective of the order passed by the High Court or Sessions Court under section 439 CrPC.