LAWS(BOM)-2004-12-96

STATE OF MAHARASHTRA Vs. POPATLAL SAMNAJI JAIN

Decided On December 14, 2004
STATE OF MAHARASHTRA Appellant
V/S
POPATLAL SAMNAJI JAIN, MASJID, RAJU Respondents

JUDGEMENT

(1.) HEARD learned A. P. Ps. for applicant, Mr. Mundargi, mr. Solkar, Mr. Allana and Mr. Khan for respondents.

(2.) ALL these applications can be disposed of by common order.

(3.) THE short question that arises for my consideration is : whether in the fact situation of the present case, the requirement of filing charge-sheet provided for under section 167 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), is of ninety days or sixty days? In other words, whether the mandate of section 167 (2) (a) (i) or 167 (2) (a) (ii) of the Code is attracted in the present case? The offence for which the respondents are being tried, amongst others, is punishable under section 489-B of the Indian Penal code (hereinafter referred to as the I. P. C. ). The said section reads this: