R. K. DASH, J.

( 1 ) THE petitioner, accused of having committed an offence under Sec. 376 and 506, IPC read Sec. 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act has filed this petition praying for his release on bail.

( 2 ) SHRI Manoj Mishra, learned counsel appearing for the petitioner, in course of argument submitted that the charge-sheet having not been filed within 120 days from the date of remand to judicial custody, the petitioner, as of right, is entitled to bail as envisaged in proviso (a) of sub-section (2) of S. 167 of the Code of Criminal procedure, 1973 (for short, 'the 1973 Code' ). He contended that the petitioner was remanded to custody by the learned Special Judge on 2-10-1998 and the outer limit for filing charge-sheet, that is 120 days, having expired on 1-2-1999, within which charge-sheet was not filed, the petitioner exercised his right under proviso (a) to Sec. 167 (2) and applied to the Court for his release. The learned Special Judge insted of passing orders on the very day, adjourned the case to next day. On the adjourned date, the prosecution filed the charge-sheet, as a result the learned Court below refused to grant compulsi