BILLU @ GURJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) ARGUMENTS heard. The petitioner does not deserve the concession of bail so far as the facts of the case being put forth by the prosecution are concerned. Murder of Shamsher Singh is based on eye witness account.

(2.) FACED with this position, learned counsel for the petitioner submitted that the petitioner should be allowed bail in view of the provisions of section 167(2) Cr.P.C. It was submitted by the learned counsel for the petitioner that petitioner was arrested on 29th of June, 1998. Challan was presented on 28th of September, 1998. He submitted that the investigation was not thus complete within 90 days as laid down in Section 167(2) Cr.P.C. Section 167(2) of the Code of Criminal Procedure reads as follows :- 2) The Magistrate to whom an accused person is forwarded under this section may, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction : Provided that -

(3.) QUESTION arises as to how should this period of 20 years be calculated i.e. whether while calculating this period of 90 days the day when challan is put in should or should not be included. Proviso (a) to section 167(2) Cr.P.C. says that the Magistrate may authorise the detention of the accused person otherwise than in the custody of the police beyond the period of 15 days if he is satisfied that adequate grounds exist for doing so but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding (i) 90 days where the investigation relates to an offence punishable with death, imprisonment for life and imprisonment for a period not less than 10 years.