MD.NASEEM Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application for grant of bail to the petitioner in terms of Sec. 167 (2) of the Code of Criminal Procedure, the charge -sheet having not been filed within sixty days of the date of detention.

(2.) THE petitioner earlier had moved this Court for bail under Sec. 439, Cr.P.C., but on his prayer, the bail application was permitted to be withdrawn. The police having failed to file charge -sheet within sixty days of the detention, the petitioner moved the learned Additional Sessions Judge for grant of bail in terms of Section 167 (2), Cr.P.C., but the application having been rejected, this petition.

(3.) SUBMISSION is made that the allegation against the petitioner in its entirety would call for maximum punishment of imprisonment upto ten years and fine under Sec. 307, IPC since the allegations are with regard to attempt of the petitioner to commit murder and no hurt is alleged to have been caused in the process. According to the learned counsel, the case is covered under the first part of Section 307, IPC and as such in view of Section 167(2), Cr.P.C., the maximum period for which the petitioner would be detained in custody is upto a period of sixty days. Since the learned Magistrate could not authorise detention of the petitioner beyond a period of sixty days, in view of the specific provision under Section 167 (2) (a) (ii), Cr.P.C., the petitioner was entitled as of right to be released on bail.