CHANDER AND ANOTHER Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) CHANDER son of Chhidi and Ganga Ram son of Tulli, residents of village Bhclra, Police Station Chhainsa, accused in case First Information Report No. 30, dated 27.3.1975 under section 302 read with S.34, Indian Penal Code, applied for bail, on the ground that their chalan was not put in the Court of Judicial Magistrate 1st Class, Ballabgarh within 60 days of their arrest in pursuance of the provisions of section 167 (2) (a) proviso, Criminal Procedure Code of 1973.

(2.) THE Petitioner were arrested on 3.4.1975 and the challan was presented in the Court of Judicial Magistrate 1st. Class, Ballabgarh on 3.6.1975. The Learned Counsel for the Petitioners vehemently contended that the petitioners were entitled to under section 167 (2) (a) proviso, Criminal Procedure Code, without making any application. He placed reliance on baldev Singh v. State of Punjab, (1975)2 Cri. L.T. 276 (Full Bench), wherein it has been observed that "there need be no application for bail by the accused at all and that the accused person must be released on bail if he is prepared to furnish the same in case he has already been in custody for a period of sixty days." It was further observed that "the Magistrate is himself duty bound and the accused is entitled as of right to be so released on furnishing bail provided the requisite condition of detention beyond sixty days is satisfied." It is further observed therein that "therefore, that to contend that the date of the bail application would govern the attraction of applicability of section 167 of the New Code appears to me as patently fallicious."

(3.) CONSIDERING the language of the proviso (a) appended to section 167 (2) of the Criminal Procedure Code, which is a mandatory provision, the petitioners on the expiry of the period of sixty days in custody are entitled to be released on bail and the Magistrate is, therefore, directed to release them on bail if they are prepared to furnish the required bail bonds.