STATE OF H P Vs. LAL SINGH

JUDGEMENT

(1.) This revision petition under Sections 397, 401 read with Section 482 of the Code of Criminal Procedure preferred by the State (hereafter referred to as 'the petitioner') is directed against the order dated 31-12-2001 passed by the learned Sessions Judge, Sirmaur District at Nahan directing release of the respondent/accused (hereafter referred to as 'the respondent') in a case under Sections 304-B, 494-A, 201/34 of the Indian Penal Code.

(2.) Brief facts leading to the presentation of this petition are that the respondent has been arrested for the commission of offences punishable under Ss. 304-B, 498-A, 201/34 of the Indian Penal Code by Paonta Police. On 27-12-2001 the respondent filed an application under Section 439 of the Code of Criminal Procedure (hereafter referred to as 'the Code') in the Court of the learned Sessions Judge, Sirmaur at Nahan for his release on bail which was allowed on the ground that the charge-sheet against the respondent had not been presented within 60 days as provided under S. 167 of the Code. The grievance of the petitioner is that since one of the offences alleged to have been committed by the respondent is under S.304-B of the Indian Penal Code, therefore, the respondent could have been released on bail under Sec. 167 of the Code only if the charge-sheet was not presented within 90 days and not on the ground that the charge-sheet had not been presented within 60 days. Hence, the present petition.

(3.) I have heard the learned Assistant Advocate General for the petitioner and the learned Counsel for the respondent and have also perused the record.