TARSEM KUMAR Vs. STATE,

JUDGEMENT

(1.) TARSEM Kumar has been charged with an offence under Section 302, Indian Penal Code. He prays for bail on the short ground that the challan was put in by the police beyond a period of sixty days of his arrest and so the Magistrate should have ordered his release on bail on the sixtieth day in terms of Section 167 of the Code of Criminal Procedure, 1973.

(2.) THE petitioner was arrested on October 19, 1974, and the report under Section 173 of the Code was received by the Court on December 18, 1974, when the Court took cognisance of the offence.

(3.) MR . S.L. Chaudhry, learned Counsel for the petitioner, contends that sixty days referred to in Section 167 of the Code are to be calculated from the date of the arrest of an accused. The relevant portion of Section 167 of the Code is in the following terms :