Point of Law : The right of accused of default bail and has observed that when a charge sheet is returned by a Magistrate for technical fault, it shall be deemed that no charge sheet is on record and on expiry of 90th day accused shall be entitled to default bail, though they can be later on re-arrested at any time for cogent reasons.

JUDGMENT :

1. Heard learned counsel for the revisionist and Sri S.P. Tiwari, learned A.G.A. for the State.

2. This Criminal Revision has been filed against the order dated 08.01.2021 passed by the learned Additional District and Sessions Judge/ Special Judge P.C. Act Court No.8, Lucknow, rejecting Criminal Misc. Application moved u/s 167 (2) of the Cr.P.C. in Case Crime No.153/2021 under Section 7/13 Prevention of Corruption Act and Section 341/504 I.P.C.: Sarvesh Kumar Rana Vs. State of U.P., Police Station Asoha District Unnao.

3. It has been submitted that the informant lodged the F.I.R. on 05.09.2021 saying that he was returning from his shop to his house and about 06:00 p.m. at the turn of Ranipur Road, the revisionist stopped the complainant and threatened him to arrest alleging that he had purchased items of gold and silver which he knew were robbed from another person and to implicate the informant in the case of dacoity. The revisionist allegedly demanded Rs.50,000/-to set the complainant free and since the informant did not have money so demanded. The informant called up his friend Gyan Shankar who brought Rs.20,000/-and after receiving the said amount, the informant was allowed to go with the admonition to bring the remaining amount next day.

4. It has been alleged that no proper investigation took place as the Investigating Officer has concluded the enquiry within two hours. It has been submitted that the revisionist has been falsely implicated as the local M.L.A. is annoyed with the revisionist. Statements of witnesses have not been recorded except for that of one Head Constable. It has also been stated that investigation has been carried out by an officer who has no jurisdiction to carry out such investigation. The Revisionist is a public servant and before any criminal case can be registered or investigated, it is necessary for the prosecution to obtain prior sanction from the competent authority. The charge sheet has been submitted before the prior sanction on 30.10.2021 and on 04.11.2021, 60 days had been completed of remand of the revisionist but no remand under Section 309 Cr.P.C. was taken by the competent authority. As such the revisionist moved an application claiming default bail under Section 167 (2) of the Cr.P.C. The application was moved on 08.11.2021 and has been rejected on the same day by the Special Judge without looking into the law as pronounced by Hon'ble Supreme Court in the case of Nanjappa Vs. State of Karnataka 2015 (14) SCC 186 and in Girish Kumar Suneja Vs. Central Bureau of Investigation 2017 (14) SCC 809.

5A. Learned counsel for the revisionist has pointed out from the order impugned that although the charge sheet was filed on 30.10.2021, cognizance of the same had not been taken because the revisionist had filed an application alleging that he was a public servant, and no prior sanction before filing of charge sheet has been taken by the Investigating Officer from the competent authority. On such an application, the public prosecutor had taken time to answer the arguments raised by the learned counsel for the revisionist and the matter was thereafter listed twice but before order could be passed on such application of the petitioner, the petitioner moved another application under Section 167 (2) A because 60 days had elapsed and the time limit for filing of charge sheet having expired, the accused had acquired an indefeasible right to be released on default bail on furnishing bail bonds in this regard.

5B. Sri S.P. Tiwari, learned A.G.A. has poined out from the order impugned that it has been passed on an application under Section 167 (2) (a) (ii) and this Court has only to see whether the charge sheet was filed in time by the Investigating Officer. The Revisionist was taken into custody on 05.09.2021 and the period of remand would have come to an end on 04.11.2021. The charge sheet was filed on 30.10.2021 and before the 60th day from the day of remand. In case, cognizance could not be take