BAJRANG MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Onkar Nath Tewari, learned counsel appearing for the petitioner and Mr. Jai Prakash, learned A.A.G.-IA for the State.

(2.) This petition has been filed for setting aside the order dtd. 22/3/2023, in connection with Jarmundi P.S. Case No. 13 of 2020 corresponding to G.R. No. 190 of 2023, passed by the learned Judicial Magistrate, 1st Class, Dumka, whereby, he has been pleased to cancel the default bail, granted to the petitioner on 21/3/2023, pending in the court of learned Judicial Magistrate, 1st Class, Dumka.

(3.) Mr. Onkar Nath Tewari, learned counsel appearing for the petitioner submits that although the petitioner is facing the charge under Ss. 302, 376 and 34 of the Indian Penal Code, however, the petitioner on his own surrendered before the learned court on 23/11/2022. He submits that within the prescribed period of 90 days, the chargesheet was not submitted, in view of that the petitioner has filed a petition under Sec. 167(2)(a)(i) of the Cr.P.C. on 21/3/2023 for grant of default bail. He further submits that on that day, the learned court has been pleased to grant the default bail by order dtd. 21/3/2023 with the condition that the bail bond should be filed at the earliest. He further submits that the petitioner has not been able to file the bail bond on 21/3/2023, however, the petitioner filed the said bail bond on the very next day i.e. on 22/3/2023 on opening of the Court. He further submits that in the meantime, on 22/3/2023 the chargesheet was submitted and the learned court on the same day at 10.15 A.M. has been pleased to take cognizance against the petitioner. He submits that in view of the chargesheet submitted by the police, the impugned order has been passed, whereby the learned court has cancelled the bail granted to the petitioner on 21/3/2023. He further submits that the life and liberty of the petitioner has been taken away by the said order in view of statutory provisions made under Sec. 167 of the Cr.P.C. as once within the 90 days period, the chargesheet is not submitted, the accused is entitled for default bail, as has been held in several judgments and recently the Hon'ble Supreme Court has considered this aspect of the matter in the case of M. Ravindran Versus Intelligence Officer, Directorate of Revenue Intelligence, reported in (2021) 2 SCC 485. He heavily relied upon paras-10, 11, 25.1, 25.2 and 25.3, which are quoted hereinbelow:-