SATISH KATOCH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, along with other persons is an accused in a criminal case FIR No. 301 of 1998 under Sections 307/34/120-B IPC registered at Police Station, Palampur, on 25-10-1998.

(2.) He along with co-accused Shiv Karan Singh had applied for bail to this Court but his prayer was rejected by an order dated 24th November, 1998, in case No. Cr. M. P. (M) 352/98. Subsequently, another application was preferred by him before this Court which was dismissed on 1st January, 1999. He made yet another attempt by filing Cr. M.P. (M) No. 29 of 1999 and the following order was passed on 29th January, 1999 :

(3.) In view of the order passed by this Court, referred to above, the petitioner applied for bail before the learned Addl. Chief Judicial Magistrate, Palampur, on 29th January, 1999, but his plea on the basis of the provisions of Section 167 (2) Cr. P.C. was not accepted by that Court and the application was dismissed on the next day, that is, 30th January, 1999. It is in these circumstances that the present application for bail has again been moved by him before this Court. The grounds contained therein, inter alia, are that the petitioner was entitled to bail as provided under Section 167(2) Cr. P.C. inasmuch as the learned Addl. Chief Judicial Magistrate, Palampur, had no power to remand him to judicial custody after the expiry of the mandatory period of 90 days as provided therein; that he is seriously ailing and is under treatment for various diseases including hypertension at various hospitals, including the P.G.I., Chandigarh, and that further detention of the petitioner beyond the period of 90 days, according to the Criminal Procedure Code, can only be ordered under Section 309 of the Cr. P.C. after taking cognizance of the offence or after the commencement of the trial.