Akanksha Singh –
Published on: September 3, 2021, at 08:57 IST
The Bombay High Court reserved order in a petition filed in the Bhima Koregaon – Elgar Parishad Caste Violence case.
The petition was filed by eight petitioners who are challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail application U/S 167(2) along with Section 43-D (2) of Code of Criminal Procedure and Unlawful Activities (Prevention) Act.
The petitioners contended that “The power to take cognizance of the charge sheet was only with a special court under the NIA Act and not with the sessions judge.”
However the respondents argued that “As per the provision of Section 167(2) of CrPC, for default bail , a judge’s cognizance of the charge sheet was insignificant.”
It was further added that “Once the charge sheet is filed within the stipulated period of time, the question of default bail does not arise,” therefore the petition was not maintainable as it was not challenged at time of the order of the extension of time of filing charge sheet.
Additional Solicitor General, Anil Singh stated that the cognizance is immaterial.
However the Supreme Court said that “As per sec 460 of Cr,P.C. Not filing the charge sheet before the special court is not an irregularity, it is an illegality which cannot be cured ”.
Complying with the said statement, the Court reserved the order .
The Bombay High Court is likely to pronounce its verdict with a similar petition by co-accused Sudha Bhardwaj, the order on which was reserved on August 4.
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