KARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has applied under Sec. 167(2) read with Sec. 439 of the Code of Criminal Procedure, 1973 [for short "Cr.P.C."] for grant of bail in a case registered vide FIR No.266 dated 08.12.2010, under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, 1860 [for short "IPC"] at Police Station Kotkapura, District Faridkot on the ground that the challan has not been presented within the mandatory period of 60 days from the date of his arrest.

(2.) It is contended that the application for bail under Sec. 167(2) Crimial P.C. was filed before the learned Judicial Magistrate 1st Class, Faridkot which has been dismissed on the ground that challan has been presented before the expiry of 90 days as the sentence under Sec. 467 of Penal Code is extendable upto 10 years, therefore, the provisions of Sec. 167(2)(a)(i) of the Crimial P.C. would be applicable and not Sec. 167(2)(a)(ii) of the Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the petitioner was arrested on 15.01.2011. He was produced before the learned Magistrate on 16.01.2011. He remained in police custody upto 18.01.2011 and was thereafter sent to the judicial custody and challan was presented on 11.04.2011. It is further contended that from the date of arrest till the filing of the challan, the period of 86 days had expired and since the punishment under Sec. 467 of Penal Code is extendable upto 10 years and is not less than 10 years, therefore, the provisions of Sec. 167(2)(a)(ii) would be applicable and not of Sec. 167(2)(a)(i) of the Crimial P.C. In support of his submission, he has relied upon an order dated 28.04.2011 passed by this Court in CRM-M-10219-2011 titled as 'Som Nath and another Vs. State of Punjab'.