TMI Blog2016 (6) TMI 1434X 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. 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 - 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. The o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Walia on 29.09.2014 under Section 408 of IPC against the accused and others on the ground that on internal audit, it was discovered that there was a physical shortage of ₹ 73,85,100/- in different ATMs of Corporation Bank on the Nangloi Route and accused was the custodian of these ATMs and route and thus the accused persons had misappropriated the aforesaid amount and committed an offence of breach of trust. 3. Investigation was commenced and the accused (respondent herein) was arrested on 29.10.2014 and after completion of investigation, the police filed the final report in the case before the competent Court on 26.12.2014. The Court while looking into the final report found that certain aspects required further investigation an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applies to the facts of the present case and there is no illegality or infirmity in the order passed by learned Metropolitan Magistrate. 6. Mr. Manjeet Singh, learned counsel for the respondent submits that even if it is presumed for the sake of argument that the charge sheet was filed within a period of 60 days, but on such charge sheet no cognizance could be taken by the learned Metropolitan Magistrate and the learned Metropolitan Magistrate has directed for further investigations vide order dated 08.01.2015. But the charge sheet could not even be filed after expiry of 60 days of the order dated 08.01.2015 and in such a situation the learned Additional Sessions Judge allowed the revision petition of the respondent thereby ordering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvestigating Officer on 26.12.2014 whereon the learned Metropolitan Magistrate was pleased to order for further investigation cannot be formed the basis for declining the relief for bail in default. 9. This court has also perused the judgment of the Hon'ble Supreme Court in the case of Union of India through CBI vs. Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav, (2014) 9 SCC 457, in which the accused filed an application under Section 167(2) of Cr. P.C. and after filing of the application for statutory bail, the prosecution filed the charge sheet and that too without filing any application for extension of time for filing the charge sheet. In that case, it was held that A Court cannot act to extinguish the right of an accused if the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the concerned Magistrate to adjudicate and not an incomplete charge sheet to infringe upon the right of the accused to be released on bail. 13. In the scenario mentioned above, in order passed by the learned Magistrate whereby the accused was not granted bail is not sustainable in the eye of law and order dated 22.04.2015 passed by learned Additional Sessions Judge deserves to be upheld. Consequently the present petition is dismissed. 14. Before parting with the order, this court would like to place it on record by way of abundant caution that whatever has been stated hereinabove in this order has been so said only for the purpose of disposing of the prayer for cancellation of bail made by the petitioner. Nothing contained in this o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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