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1982 Supreme(Ori) 195

R.C.PATNAIK
KAMAL LOCHAN SEN – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
D.P. Sahoo and B.P. Ray, for the Appellant; Standing Counsel, for the Respondent

JUDGMENT :

R.C. Patnaik, J. - This is an application for bail u/s 167(2) Proviso of the Code of Criminal Procedure on the ground that investigation was not completed within the period of 90 days from the date of arrest of the Petitioner.

2. Learned Counsel for the Petitioner submitted that though a charge-sheet was filed on 30-1-1982 that was before the completion of investigation and the submission of the said charge-sheet not being one contemplated by Section 173(2) read with Section 2(r) of the Code of Criminal Procedure, the Petitioner was entitled to be released on bail. He strenuously urged that though the charge-sheet was filed on 30-1-1982 and cognizance was taken, investigation had not been completed as would be evident from the statement contained in the charge-sheet itself.

3. He drew only attention to several decisions T.V. Sarma Vs. Smt. Turgakamala Devi and Others Harichand & Raj Pal v. State ILR (1977) Del 267, Suresh Singh v. The State and Ors. 1978 Cri. L.J. 58, Resham Lal Yadav and Others Vs. The State of Bihar, and Satya Narain Musadi and Others Vs. State of Bihar. The learned Standing Counsel in answer, submitted that the charge-sheet was a complete one. It contain
























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