- (1.) On an application for bail under Section 439 of the Code of Criminal Procedure, this Court by an order dated 21.02.05 disposed of the same and directed the learned Magistrate to take up the matter for consideration of the prayer for bail of the petitioner afresh after ascertaining the fact whether charge-sheet was submitted beyond the statutory period or not and whether the accused petitioner was entitled to get statutory bail or not. The matter was thereafter, taken up by the learned Magistrate and by an order dated 28.02.05, such prayer for bail was again rejected by the learned Magistrate.
(2.) The learned Advocate on behalf of the accused-petitioner has now come up before this Court with an application for bail and his main contention is that the accused-petitioner is entitled to get statutory bail as the investigation could not be completed and the charge-sheet could not be submitted within the statutory period as prescribed under Section 167(2) Cr. C.P.
(3.) The learned Advocate appearing forthe accused-jjetitioner submits before this Court that the present petitioner was produced before the learned Magistrate on 20.10.04 and on completion of investigation, charge-sheet was submitted against the present petitioner and four other accused persons on 8.1.05. The charge-sheet was forwarded by the Officer-in-Charge. Mayureswar P.S. on the same date i.e. 8.01.05 and the same was forwarded by Circle Inspector of Police on 22.01.05 and on the same date i.e. 22.01.05, on the basis of charge-sheet, cognizance of offence was also taken under Sections 365/367/376 (2) (g) of I.P.C. against five accused persons including the present petitioner.;