PRALHAD VITHAL GIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Heard finally by consent of parties.

(2.) CRIMINAL Application No. 1600 of 2001 under section 482, read with section 167 (2), Criminal Procedure Code, is directed against the order, dated 18-9-2001, passed by the Judicial Magistrate, First Class, Risod, as well as the order, dated 17-10-2001, passed by the Additional Sessions Judge, Washim, whereby the application moved by the applicants for grant of bail under section 167 (2) of the Criminal Procedure Code came to be dismissed by the Judicial Magistrate, First Class and the order of rejection came to be confirmed by the Additional Sessions Judge.

(3.) MR. Mardikar, learned Counsel for the applicants, contended that the present applicants are father-in-law and mother-in-law of deceased Pooja, who was alleged to have committed suicide by jumping into a well. The applicants came to be arrested on 16-7-2001. Offence under section 306, Indian Penal Code, i. e. , abetment of suicide, punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable for fine. The learned Counsel contended that in view of section 167 (2) (a) (ii), Criminal Procedure Code, the Magistrate is only authorized to detain the applicants in the custody of police only till expiry of sixty days, and not beyond sixty days as contemplated under the above referred provisions. Mr. Mardikar states that in the instant case, the applicants came to be arrested on 16-7-2001 and sixty days from the date of arrest were over on 14-9-2001 and, therefore, on 15-9-2001, the applicants moved an application for grant of bail in view of section 167 (2), Criminal Procedure Code.