SHIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure 1973 (for short 'the Cr.P.C) for setting aside the impugned order dated 14.05.2020 passed by learned Sessions Judge, Karnal whereby order dated 03.04.2020 passed by learned Sub Divisional Judicial Magistrate, Assandh granting default bail to the petitioner in case FIR No.689 dated 15.08.2018 registered under Sections 193, 420, 467, 468, 471, 472, 506 and 120-B of the Indian Penal Code, 1860 (for short 'the IPC) in Police Station Assandh, District Karnal was set aside.

(2.) Briefly stated the facts giving rise to the filing of the present petition are that complainant-Ramphal filed complaint before learned Sub Divisional Judicial Magistrate, Assandh regarding filing of forged documents by the accused in their defence evidence in criminal cases mentioned therein and his criminal intimidation by the accused on24.09.2017 at about 9 a.m. when he was going towards Bus Stand, Kurlan. In compliance with order passed under Section 156(3) of the Cr.P.C. on the above-said complaint, the above-said FIR was registered. The petitioner was arrested on 20.01.2020. The petitioner filed application for grant of default bail on the ground that challan has not been filed within the prescribed period of sixty days in terms of Section 167(2)(a)(ii) of the Cr.P.C. which was contested on the ground that due to offence under Section 467 of the Cr.P.C. being punishable with life imprisonment, challan could be filed within the prescribed period of ninety days under Section 167(2)(a)(i) of the Cr.P.C. which had not expired. Learned Sub Divisional Judicial Magistrate allowed the application vide order dated 03.04.2020. State of Haryana filed revision petition before learned Sessions Judge, Karnal which was allowed vide impugned order dated 14.05.2020. Vide order dated 14.05.2020, learned Sessions Judge, Karnal held that due to maximum sentence imposable under Section 467 of the IPC being life imprisonment, the accused could be detained in custody for the period of ninety days without submission of charge-sheet and accordingly remanded the case to learned Sub Divisional Judicial Magistrate with a direction to pass fresh order keeping in mind the observations made by him.

(3.) Feeling aggrieved, the petitioner has filed the present petition for setting aside of the impugned order dated 14.05.2020 passed by learned Sessions Judge, Karnal.