Law enforcement companies will not have the cushion of the raging coronavirus illness (Covid-19) outbreak as an excuse to delay submitting a cost sheet after a Nagpur bench of the Bombay excessive courtroom (HC) granted bail to an individual booked by Gondia police station on expenses of raping a minor woman.
The accused, who was booked beneath the Protection of Children from Sexual Offences (POCSO) Act, 2012, was granted bail after the police didn’t file the cost sheet throughout the stipulated 90 days.
Justice Vinay Joshi clarified that the interval prescribed by the Criminal Procedure Code (CrPC) for submitting a cost sheet can’t be prolonged due to the nationwide lockdown restrictions, which have been enforced from March 25 to comprise the Covid-19 outbreak.
“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,” stated Justice Joshi.
The accused had moved the HC after his bail plea was rejected by the particular POCSO courtroom on May 4.
The accused cited that he was arrested on January 30.
Soon, a First Information Report (FIR) was registered towards him and he was produced earlier than an area Justice of the Peace for remand.
The stipulated 90 days, prescribed by Section 167(2) of CrPC to file a cost sheet, lapsed on April 30 amid the nationwide lockdown restrictions.
On May 2, he utilized for bail within the particular POCSO courtroom, which was denied two days later, citing that the timeframe for submitting a cost sheet has been prolonged due to the pandemic.
The prosecutor opposed the bail plea on the bottom that the police submitted the cost sheet thrice between March and April, however the particular POCSO courtroom didn’t settle for it.
The particular POCSO courtroom accepted the cost sheet on May Four and rejected the accused’s bail plea on the bottom that the timeframe for submitting a cost sheet has been prolonged as a result of prevailing lockdown restrictions.
Justice Joshi, nonetheless, stated it’s crucial to determine whether or not the cost sheet was filed within the first occasion in March and the explanations for the inordinate delay and past the stipulated timeframe.
The HC granted bail to the accused as a result of he had exercised his indefeasible proper on expiry of 90 days to file a cost sheet and because of this, is entitled to the authorized aid.