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IN THE HIGH COURT OF MEGHALAYA
Mohammad Yaqoob Mir, J.
Annias Lapang @ Donboklang Lapang - Appellant
Vs.
State of Meghalaya And Others - Respondents
B.A. No. 4 of 2019
Decided On : 23-04-2019
POCSO Act 2012 - Delay in Filing Charge Sheet - The court set aside the order dismissing the bail application and directed the Special Judge to pass a fresh order after considering the cause of delay in filing the charge sheet.
Fact of the Case:
The accused was arrested for offenses under the POCSO Act but the charge sheet was not filed within the prescribed 90-day period. The bail application was dismissed without addressing the cause of delay.
Finding of the Court:
The court set aside the order dismissing the bail application and treated it as a revision petition, directing the Special Judge to pass a fresh order after considering the cause of delay in filing the charge sheet.
Issues: Delay in filing charge sheet, dismissal of bail application without addressing cause of delay
Ratio Decidendi: The court emphasized the need to consider the cause of delay in filing the charge sheet before dismissing the bail application.
Final Decision: The order dismissing the bail application was set aside, and the Special Judge was directed to pass a fresh order after considering the cause of delay in filing the charge sheet.
JUDGMENT :
1. Petitioner (accused) Shri Annias Lapang @ Donboklang Lapang was admittedly arrested on 24.12.2018 in connection with Nongpoh P.S. Case No. 222 (10) 2019 for commission of offences punishable under Sections 3(b)/4/5(n)(m)(r)/6 of POCSO Act 2012, on behalf of the accused petition for grant of bail in default under Section 167 Cr.P.C. has been dismissed.
2. It is an admitted fact that the charge sheet (Challan) was not presented within the prescribed period of 90 days as required in terms of proviso (a) (i) to sub-section (2) of Section 167 Cr.PC. The stipulated period of 90 days would expire on 24.03.2019. The application was filed before the learned Session Judge (Special Judge POCSO Nongpoh), same has been dismissed vide order dated 02.04.2019. Learned Special Judge after recording the submission that the challan has not been presented within a period of 90 days has not considered the same.
3. Allegedly, the baby of four years old has been ravished by the petitioner (accused). It is quite astonishing that charge sheet has not been filed within the stipulated period of 90 days. The Investigating Officer Ms. J. Nongsiej present in the Court submitted that in fact she had taken the matter with the Supervising Officer for instructions. However, the Supervising Officer got transferred, therefore, delay in filing the charge sheet. This aspect shall be looked into by the learned Special Judge.
4. Learned Special Judge has not addressed the issue of bail in default in her order, therefore, this application for grant of bail is treated as revision petition, the order passed by the learned Special Judge dated 02.04.2019 is set aside. Learned Special Judge to pass fresh order after hearing both the parties and shall look into the cause of delay in filing the charge sheet.
5. Copy of this order be sent to the learned Session Judge (Special Judge POCSO Nongpoh) where the next date for appearance of the parties is fixed on 29.04.2019.
6. Disposed of as above.
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