STATE OF HIMACHAL PRADESH Vs. KAKA RAM

JUDGEMENT

(1.) This revision petition at the instance of State of Himachal Pradesh is against the order dated 5.3.2002 passed by the Sessions Judge, Sirmaur District at Nahan, whereby the respondent was released on bail on his furnishing personal bond in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Paonta Sahib on the conditions laid down in the impugned order, on the ground that challan was not put up in the Court within a period of 60 days as provided under Section 167 Cr.P.C. While passing the impugned order the Sessions Judge has relied upon the judgment of the Supreme Court in Rajeev Chaudhary v. State (NCT) of Delhi, (2001) 5 SCC 34, to come to the conclusion that as one of the punishments under Section 304 -B IPC is imprisonment for a term which shall not be less than seven years, the case of the respondent is covered under proviso (a)(ii) of sub -section 2 of Section 167 Cr.P.C.

(2.) After hearing learned Counsel for the parties and going through the record, this Court finds that the Sessions Judge has gravely erred in applying the judgment of the Supreme Court in Rajeev Chaudhary v. State (supra) to the present case as against the respondent, investigation for the offence under Section 304 -B IPC was going on at the time of passing the impugned order and sub -section 2 of Section 304 -B IPC provides that: "Whosoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life."

(3.) Reference to proviso (a)(i) and (ii) of sub -section (2) of Section 167 Cr.P.C. shows that: - "The Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen 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) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub -section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter."