CENTRAL BUREAU OF INVESTIGATION Vs. KENCHE MAHESH KUMAR

JUDGEMENT

(1.) The point to be considered in this Criminal Petition is as under:

(2.) Brief facts relevant for deciding the aforementioned point are as under:

(3.) Sri C.H. Jadhav, learned senior advocate appearing on behalf of the CBI taking us through the material on record submits that the law nowhere prescribes that the day of service of body warrant on the Jail authorities should be taken as the starting point to calculate 60 days or 90 days as the case may be prescribed under Section 167(2) of Cr.PC for the purpose of filing the charge sheet. He submits that the date on which the concerned Presiding Officer has first authorized detention of the accused should be taken as the starting point to calculate 60 days or 90 days as prescribed under Section 167 of Cr.PC while deciding the bail application. He further submits that the respondent/ accused was already in detention in a different case i.e., RC No.15(A)/2012 and such detention in RC No.15(A)/2012 continued till the formal order of detention was made by the Presiding Officer of the Court below in RC No.13(A)/2012. Consequently, it cannot be said that the respondent herein was detained in RC No.13(A)/2012 at any time prior to actual date of production of the accused before the Court inasmuch as he was already under detention in RC No.15(A)/2012. Since the respondent was already detained in RC No.15(A)/2012, a formal order was passed by the Court below on 2.9.2013 authorizing detention of the respondent in RC No.13(A)/2012. Thus according to him, the starting date to reckon 90 days shall be the date on which the Court below has first authorized detention of the accused in RC No.13(A)/2012 i.e., 2.9.2013 and not any date prior thereto.