NAWAL SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether bail has to be granted, to an accused under proviso to Sub-Sec. (2) of S.167 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), even after submission of the police report chargesheet (hereinafter referred to as 'the chargesheet') if the, chargesheet has been submitted after the period prescribed in the proviso to Sub-Sec. (2) of S.167, is the question which has to be answered.

(2.) The petitioner is an accused for offence under S.395 of the Penal Code. The first information report in respect of the occurrence in question was lodged on 18-6-1987. The petitioner was arrested and remanded to jail custody on 21-6-1987. The chargesheet, however, was submitted on 23-9-1987, which was received in the court of Sub-Divisional Judicial Magistrate on 24-9-1987.

(3.) A prayer to release the petitioner bail was made, after submission of the chargesheet, on the ground that as the chargesheet had not been submitted, within 90 days from the date the petitioner was taken in custody, he was entitled to be released on bail in terms of proviso to Sub-Sec. (2) of S.167 of the Code. That prayer was objected by the learned Magistrate. Even the Sessions Judge has rejected the said prayer saying that as the petitioner was in custody on the basis of an order of remand passed under S.309(2) of the Code, there was no question of releasing him on bail in accordance with S.167(2) proviso.