SHYAM SUNDAR KAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE revision is against the order dated 3.1.1998 of the S.D.J.M., Bhubaneswar rejecting prayer of the accused for his release on bail as provided under Section 167, Code of Criminal Procedure

(2.) THE Petitioner has been in custody on being forwarded to the Court On 3.11.97 for alleged offences under Sections 498 -A 304 -B, I.P.C. read with Section 4 of the Dowry Prohibition Act. The petition for bail under the provisions of Section 167(2) proviso (a) (ii) was filed on the 62nd day by which the charge -sheet was not submitted. The S.D.J.M. rejected prayer for bail holding that the offence under Section 304 -B, LP.C. is punishable with imprisonment for life and therefore the case is covered under Section 167(2) proviso (a) (i) where the prosecution could file charge -sheet within 90 days and not within 60 days as prayed for by the Petitioner.

(3.) MR . P.K. Nanda, learned Additional Standing Counsel, on the other hand, strenuously urged that if it is permissible for the Court to impose a punishment for more than 10 years the case will come within 90 days limitation and in the present case since the Court is empowered to impose punishment upto life, 60 days limitation would not be applicable to the present case. The rival contention needs examination.