Paridhi Arya
Published on April 25, 2022 at 13:32 IST
A Single Judge Bench of Orissa High Court of Justice Bibhu Prasad Routray has held that under Section 167(2) of Code of Criminal Procedure for awarding default Bail date of Submission of Charge-sheet is only important.
Date of preparation of Charge-sheet is immaterial unless on the same day it was presented in the Court.
In the instance Case, on the last page of Charge-sheet was signed by Investigation Officer on January 10 but on first page date is January 13 but Charge-sheet was filed on January 16.
Bail application was filed on January 17 stating the Ground that Charge-sheet was filed after 180 days of initial Investigation passed.
Court of Session Judge-cum-Special Judge Nayaharh held Charge-sheet prepared on January 10 and that is why application of Bail under Section167(2) was dismissed.
The High Court noted that under Section 167(2) Date of Filing the Charge-sheet is important i.e January 16 in the Case as under Section 167 till conclusion of Investigation detention is permitted.
Under Section 173(2) completion of investigation will be considered on the date when Charge-sheet is filed.
The Court observed that Constitutional Right of Bail is compromised in this Case as on January 16 when Charge-sheet filed the limit of 180 days has been passed and so Bail is granted to accused.
The order of Court of Session Judge-cum-Special Judge Nayaharh is set aside by the Orissa High Court.