RAM DAYAL GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition has been preferred against the order dated 20.12.1995 passed by Shri G.D. Saxena, IVth Addl. Sessions Judge, Gwalior, whereby he allowed bail to the respondent No. 2 under section 167(2) of the Code of Criminal Procedure.

(2.) THE contention of the learned counsel for the petitioner is that section 306 IPC provides punishment of 10 years and as such the period provided under the law is 90 days. Learned Court below took it as 60 days and has thus committed illegality. Learned counsel for the State on the other hand contended that the contention of the learned counsel for the petitioner is not correct. He submitted that under the provision 90 days has been provided in those cases where the offence is punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years. Section 306 provides punishment which may extend to 10 years. Thus, 90 days are not applicable. He placed reliance upon 1991 AAC 259 (Sohanlal v. State of U.P.) in support of his contention.