Filing of the charge-sheet within the stipulated period is sufficient compliance with the provisions of Sec. 167(2) of the Code, and the requirement of taking cognizance of the offences post filing of the charge-sheet within the stipulated period is not necessary.

JUDGMENT

1. The Applicants who are arraigned in C.R.No.258 of 2021 for the offences punishable under Ss. 420, 406 and 506 of the Indian Penal Code, 1860 ('the Penal Code') and Ss. 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, have preferred this Application for releasing them on bail.

2. The Applicants claimed that they were arrested on 20/10/2021. The Investigating Officer filed a charge-sheet on 17/12/2021 for the offences punishable under Ss. 420, 406 and 506 of the Indian Penal Code, 1860 ('the Penal Code') and Ss. 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. However, the jurisdictional Magistrate has not yet taken cognizance of the said offences. Resultantly, according to the Applicants, they are in illegal custody.

3. The Applicants had, thus, preferred an Application before the learned Magistrate for default bail under Sec. 167 (2) of the Code of Criminal Procedure, 1973 ('the Code'). However, the learned Magistrate by an order dtd. 2/2/2022 rejected the Application. The Applicants carried the matter in revision being Criminal Revision No.63 of 2022, before the learned Additional Sessions Judge, Pune. The learned Additional Sessions Judge also dismissed the Revision Application. Being aggrieved, the Applicants have approached this Court.

4. I have heard Ms. Sana Khan, learned Counsel for the Applicants and Mr. Pethe, learned APP, for the State.

5. Ms. Khan submitted that though, in the case at hand, the Investigating Officer did file the charge-sheet within the period of 60 days, yet there is non-compliance with the statutory requirement of taking cognizance of the offences within the stipulated period, by an order passed by the jurisdictional Magistrate. Ms. Khan invited the attention of this Court to the endorsement on the first page of the charge-sheet in Regular Criminal Case No.1159 of 2021 arising out of C.R.No.258 of 2021. Laying emphasis on the fact that the said stamped endorsement of the issuance of process against the accused, does not bear the signature of the learned Magistrate, Ms. Khan would urge that no cognizance of the offences can be said to have been taken by the learned Magistrate. Since cognizance has not been taken, recourse to Sec. 309 of the Code, cannot be legitimately made. Thus, according to Ms. Khan, the continued detention of the Applicants without lawful cognizance of the offences, is plainly illegal. Therefore, the Applicants deserve to be released on bail.

6. Mr. Pethe, learned APP would urge that the learned Magistrate and the learned Additional Sessions Judge, rightly did not accede to the aforesaid submission on behalf of the Applicants. Since the charge-sheet has already been lodged within the statutory period, the Applicants/accused were not entitled to claim default bail under Sec. 167(2) of the Code. The fact that the endorsement of the issuance of process, does not bear the signature of the learned Magistrate, was not fatal, submitted Mr. Pethe.

7. Having considered the submissions in the context of the incontrovertible fact that the charge-sheet has been lodged within the stipulated period of 60 days, I am of the view that the learned Magistrate and the learned Additional Sessions Judge, committed no error in rejecting the prayer of the Applicants for default bail.

8. The thrust of the submission on behalf of the Applicants was that the learned Magistrate ought to have taken cognizance of the offences within the statutory period and the mere filing of the charge-sheet within the said period of 60 days, was of no avail.

9. I am afraid to accede to this submission. It is not the requirement in law that the cognizance of the offences must also be taken post filing of the charge-sheet, within the period stipulated under Sec. 167(2) of the Code. The said provision stipulates the period within which the investigation must be completed, depending upon the punishment the offence entails, and provides that the accused gets a