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TMI Blog2016 (6) TMI 1434X X X X Extracts X X X X X X X X Extracts X X X X ..... sons stated in the applications, the delay in filing as well as re-filing the petition is condoned. Applications allowed. Crl.Rev.P. 770/2015 1. By this petition filed under Section 397 of Cr. P.C. the State has preferred to challenge the order dated 22.04.2015 passed by the learned Additional Sessions Judge (01), West, Tis Hazari, Delhi in FIR No. 651/2014 under Section 408 of IPC registered at Police Station Kirti Nagar, Delhi, whereby the respondent has been ordered to be released on bail under Section 167(2) of Cr. P.C.. 2. As per prosecution, the FIR No. 651/2014 was registered consequent to the complaint of one Prince Walia on 29.09.2014 under Section 408 of IPC against the accused and others on the ground that on internal audit, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition. 5. Learned Additional Public Prosecutor for the State contended that though the accused/respondent was arrested in this case on 29.10.2014, and there is sufficient compliance of Section 167 of Cr. P.C. by the police as the charge sheet in this case was filed on 26.12.2014, i.e. the charge sheet was filed within 60 days from the date of arrest therefore the application for statutory bail under Section 167(2) of Cr. P.C. was not maintainable. It is further contended that the ratio of the judgment relied upon by the learned Metropolitan Magistrate in the case of Suresh Kumar Bhikam Chand Jain (supra) squarely applies to the facts of the present case and there is no illegality or infirmity in the order passed by learned Metropolitan Mag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. 8. I have also perused the order of learned Additional Sessions Judge wherein the judgment of the Supreme Court in the case of Union of India through CBI v. Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav, (2014) 9 SCC 457 was relied upon. Indisputably, the learned Metropolitan Magistrate before taking cognizance had returned the charge sheet and ordered for further investigation of the case and the charge sheet filed was not retained on the record nor copy of the same was supplied to the accused/respondent. The learned Additional Sessions Judge has rightly observed that since charge sheet was filed by the Investigating Officer on 26.12.2014 whereon the learned Metropolitan Magistrate was pleased to order for further investigation cannot b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Undisputedly, Section 167(2) Cr. P.C. precludes the concerned Magistrate to have the custody of the detenue beyond 60 days until he receives the charge sheet under Section 173 Cr. P.C. to adjudicate upon the same. 11. In the present case, accepting an incomplete report on 26.12.2014 and returning the same on account of incomplete investigation on certain aspects, and making the accused disentitled for benefit under Section 167(2) Cr. P.C. is an apparent abuse of law. 12. This court is of the considered opinion that charge sheet filed within statutory period of 60 days ought to be complete to enable the concerned Magistrate to adjudicate and not an incomplete charge sheet to infringe upon the right of the accused to be released on bail. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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