The right to statutory bail under Section 167(2) Cr.P.C. is an indefeasible right of the accused and cannot be suspended even during a pandemic situation.

JUDGMENT

This Criminal Petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short „Cr.P.C.‟) seeking regular bail to the petitioner/Accused in connection with Crime No.89 of 2021 of Karlapalem Police Station, Guntur District, registered for the offences punishable under Sections 366, 376(3) r/w 109 of the Indian Penal Code, 1860 (for short “IPC”) and Section 4 r/w 3 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 and 10 of Prohibition of Child Marriage Act.

2. The case of the prosecution is that the victim girl is studying 9th class and she developed acquaintance with the petitioner, who used to visit the house of neighbour of victim girl. On 15.04.2021 at about 6.00 a.m. the victim girl went behind their house to go to washroom, but as she did not return, her parents went there and found the victim girl was not there. Having suspicion on the petitioner, the mother of victim girl lodged report.

3. Heard Sri Vutupalli Rajanna, learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submits that the petitioner was arrested on 18.04.2021 and from the last 103 days, he has been languishing in jail and so far, the police have not filed charge sheet, as such the petitioner is entitled for statutory bail.

5. Learned Assistant Public Prosecutor also does not dispute the fact that so far police have not filed charge sheet and the petitioner has been languishing in jail from the last 103 days.

6. Section 167 (2) of Cr.P.C reads thus:

“(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that- (a) 1 the Magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days; if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody under this paragraph for a total period exceeding,- (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub- section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;]

(b) no Magistrate shall authorize detention in any custody under this section unless the accused is produced before him;

(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorize detention in the custody of the police. 1 Explanation I.- For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail;]. 2 Explanation II.- If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorizing detention.”

7. The Hon’ble Apex Court in the case of Uday Mohanlal Acharya v.State of Maharashtra, (2001)5 SCC 453 has observed that personal liberty is one of cherished objects of the Indian Constitution and deprivation of the same can only be in