BYAGARI MALLESH Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is filed against the order dated 4-2-2014 in Crl.M.P.SR.No.1321 of 2014 in Crime No.365 of 2013 of Rajiv Gandhi International Airport Police Station, Shamshabad, on the file of the Court of VIII Metropolitan Magistrate, Rajendranagar, Cyberabad, Ranga Reddy District at Rajendranagar.

(2.) The petitioner is accused of the offences punishable under Sections 498, 366, 342 and 506 of I.P.C., of Rajiv Gandhi International Airport Police Station, Shamshabad. He was arrested on 18-11-2013 in connection with the said case and was remanded to judicial custody on the same day. A Bail Application on his behalf was filed under Section 167(2)(a)(ii) of Cr.P.C., on 4-2-2014. The petitioner was in judicial custody for 77 days, as on the said date, investigation was not completed and no charge sheet was filed. The learned Magistrate, however returned the bail application stating that the bail application under Section 167(2)(a) of Cr.P.C., in the present case has to be filed after 90 days from the date on which the accused was remanded to judicial custody. The said order is challenged in the present Criminal Revision Case.

(3.) The learned counsel appearing for the petitioner submits that the learned Magistrate could not be able to make a distinction between the offence punishable for a period of not less than 10 years and punishment for an offence, which may extend to 10 years. Among the offences alleged against the petitioner, for the offence under Section 366 of I.P.C., the imprisonment "may extend to 10 years". Therefore, according to the learned counsel for the petitioner, the case of the petitioner falls under Section 167(2)(a)(ii) of Cr.P.C., but not under Section 167(2)(a)(i), therefore, the petitioner is entitled for the statutory bail.