Law enforcement businesses is not going to have the cushion of the Covid-19 outbreak as an excuse to delay submitting a cost sheet, the Nagpur bench of the Bombay excessive courtroom (HC) mentioned whereas listening to the bail plea of a person who was booked for raping a 17-year-old. The man was granted bail by the HC after the Gondia police did not file a cost sheet inside 90 days.
The bench of justice Vinay Joshi clarified that the interval prescribed by the Criminal Procedure Code (CrPC) for submitting a cost sheet just isn’t prolonged on account of the nationwide lockdown imposed for holding the Covid-19 contagion.
“In absence of any provision enabling the court to extend the period, no court can directly or indirectly extend such a period which would frustrate the valuable right of the accused,” mentioned justice Joshi.
The accused moved HC after his plea for bail, filed on the grounds that there was a delay in submitting the cost sheet throughout the stipulated interval of 90 days, was rejected by the particular courtroom which was listening to the circumstances registered underneath the Protection of Children from Sexual Offences Act, 2012.
The accused identified that he was arrested on January 30, instantly after a primary data report (FIR) was registered in opposition to him and was then produced earlier than the native Justice of the Peace for remand. As such, the interval of 90 days prescribed by part 167(2) of CrPC ended on April 30, and the cost sheet was not filed till then.
On May 2, the accusedapplied for bail in default of submitting cost sheet. However, on May 4, the particular courtroom rejected his plea, holding that owing to the Covid-19 outbreak, the interval for submitting cost sheet was robotically prolonged.
In the HC, the accused contended that on expiry of 90 days, an indefeasible proper accrued in his favour for being launched on bail on account of the default by the investigating company in finishing the probe in time and submitting the cost sheet inside stipulated interval, and due to this fact, the particular courtroom couldn’t reject his plea.
The native prosecutor, opposing his plea for default bail, contended that the investigation was full and the police submitted cost sheet thrice in March and April earlier than the particular courtroom, however the courtroom didn’t settle for it. But on May 4, the cost sheet was accepted by the particular courtroom, when the default bail plea of the rape accused was rejected.
Justice Joshi, nevertheless, mentioned it was not essential to probe whether or not the cost sheet was prepared in March itself or not.
“The fact remained that admittedly till 04.05.2020, the charge sheet was not filed in the court,” mentioned the decide, including, “It is not necessary to probe the reasons as to why charge sheet was not filed or who was at fault. What is required to be looked into is the result and consequence of not filing of the charge sheet within stipulated period,” mentioned the courtroom.
It granted bail to the rape accused, saying he had exercised his indefeasible proper to bail after expiry of 90 days and was due to this fact entitled to be launched on bail.