2015 (2) TMI 1371 - SC - Indian Laws

Seeking grant of Bail - rejection of bail on the ground that charge-sheet was not received within time - HELD THAT - Admittedly, the Appellant surrendered before the Magistrate on 5.7.2013. It is also not disputed that on 3.10.2013 the Appellant moved an application for his release on bail under proviso (a) to Sub-section (2) of Section 167 of the Code. However, the order sheet of the case shows that there is endorsement of the Magistrate on 3.10.2013 that the charge sheet has already been received. The charge sheet against the Appellant, in the original record, shows that the Investigating Officer signed it and submitted the same on 30.9.2013. Though the clerk concerned has not made any endorsement as to when actually the charge sheet was received, but there is endorsement of the Chief Judicial Magistrate which shows that he has mentioned seen on 3.10.2013 and signed at the top of the first page of the charge sheet. Order sheet of the court of the Magistrate also corroborates that on 3.10.2013 the clerk concerned reported to Chief Judicial Magistrate that the charge sheet had already been received. In CHAGANTI SATYANARAYAN VERSUS STATE OF AP. 1986 (5) TMI 265 - SUPREME COURT , it has been held by this Court that period of ninety days Under Section 167(2) of the Code shall be computed from the date of remand of the accused and not from the date of his arrest Under Section 57 of the Code. However, in the present case, we have to see the relevant date as the date when the accused surrendered and remanded by the court. The High Court has not erred in law in dismissing the petition Under Section 482 of the Code, and upholding the refusal of bail to Appellant prayed by him Under Section 167(2) of the Code - Appeal dismissed.

Summary

Issues:
1. Appeal against dismissal of bail petition under Section 167(2) of the Code of Criminal Procedure.
2. Interpretation of Section 167(2) regarding the period for filing the charge sheet.
3. Applicability of legal precedents in determining the entitlement to bail.

Issue 1:
The appeal was filed against the judgment of the High Court dismissing the petition under Section 482 of the Code of Criminal Procedure, which sought to challenge the order refusing bail to the Appellant under Section 167(2) of the Code. The Appellant, Ravi Prakash Singh, surrendered before the Chief Judicial Magistrate in connection with a criminal case and subsequently moved for bail under Section 167(2) of the Code when the charge sheet was not filed within the stipulated period.

Issue 2:
The main contention revolved around the interpretation of Section 167(2) of the Code, which provides for the release of an accused on bail if the charge sheet is not filed within a specified period. The Appellant argued that he should have been granted bail as the charge sheet was not filed within ninety days of his detention. The Court examined the timeline of events, including the date of surrender and remand, to determine the applicability of the provision.

Issue 3:
Legal precedents were cited by both parties to support their arguments regarding the entitlement to bail under Section 167(2) of the Code. The Appellant relied on cases emphasizing the strict adherence to the timeline for filing the charge sheet, even if the last day falls on a holiday. In contrast, the Respondent referred to a different interpretation by a Division Bench of another High Court, which allowed for filing the charge sheet on the next working day if the ninetieth day was a holiday.

The Court noted that the Appellant surrendered on a specific date and was remanded accordingly. The charge sheet, signed and submitted by the Investigating Officer, was received within the prescribed period, as evidenced by the endorsements on the documents and the court records. The Appellant's argument for bail under Section 167(2) was based on the calculation of the ninetieth day from his surrender date, which the Court analyzed in light of relevant legal provisions and precedents.

In considering the conflicting interpretations of the provision, the Court referred to previous judgments to clarify the computation of the ninety-day period for filing the charge sheet. It was established that the day of surrender should be excluded from the calculation, leading to the conclusion that the charge sheet was filed within the stipulated timeframe. Therefore, the Court upheld the decisions of the lower courts and dismissed the appeal, finding no error in the refusal of bail to the Appellant under Section 167(2) of the Code.

Overall, the judgment focused on the strict adherence to statutory timelines for filing the charge sheet and the correct interpretation of Section 167(2) of the Code in determining the entitlement to bail. The Court's analysis of the timeline of events, legal provisions, and precedents provided a comprehensive basis for the decision to uphold the denial of bail to the Appellant.