Nitul Bosumatary vs State Of Assam

Heard Mr. A. Dutta, learned counsel for the petitioner. Also heard Mr. Bidyut Sarma, learned Additional Public Prosecutor, Assam for the State

Respondent.

This is the second bail application of the petitioner. His first such bail application was rejected vide order dated 22.3.2021 passed in B.A.No.698/2021

specifically on the ground that charge-sheet was laid within the statutory period prescribed i.e. 28.02.2021 vide C.S. No.12/2021.

However, Mr. Dutta, learned counsel for the petitioner, referring to the orders dated 7.4.2021 and 12.4.2021 passed by the learned Special Judge,

Udalguri in Mazbat P.S. Case No.78/2020, i.e. in the instant case, has submitted that investigating police officer has submitted the charge-sheet to the

Superintendent of Police, Udalguri and that charge-sheet would reach the Court by the next day i.e. on 13.04.2021 (as per the order dated 12.04.2021

passed in the said Mazbat Police Station case). Mr. Dutta has further submitted that it appears from the aforesaid order dated 12.4.2021 of the

learned Court below that the charge-sheet did not reach the Court below within the statutory period prescribed for completion of the investigation.

Section 167(1) of the Code of Criminal Procedure provides for detention of the accused for a certain specified period, depending on the nature of the

case, if the investigation cannot be completed within the time prescribed by Section 57 of the Code of Criminal Procedure. Such provision speaks of

completion of investigation and not of laying of the charge-sheet before the Court. Therefore, if the investigation is completed within time, even if the

charge-sheet is not laid before the Court, that cannot be a ground for grant of default bail.

However, Mr. Dutta, learned counsel for the petitioner has submitted that the date on which the charge-sheet was sent to the Superintendent of

Police, Udalguri, has not been made available before this Court to form an opinion that the investigation was completed within the time prescribed by

law.

That being so, Mr. Dutta appears to have raised a point to indicate that that the Court should examine whether the investigation was completed by the

investigating police officer within the statutorily prescribed time limit of 180 days or not.

Therefore, in the considered view of this Court the learned Additional Public Prosecutor shall produce a copy of the charge-sheet along with a report

of the investigating police officer including the forwarding report, if any, by which he had forwarded the charge Sheet No.12/2021 in Mazbat Police

Station Case No.78/2020 to the Superintendent of Police, Udalguri.

In the meantime, Registry shall also collect a copy of the aforesaid charge-sheet from the learned Special Judge, Udalguri.

List this matter on 21.06.2021.