JAMAL DIN Vs. CPO KISHTWAR

JUDGEMENT

(1.) This petition seeks invoking of inherent jurisdiction of this Court under Section 561-A of the Code of Criminal Procedure (for short, the Code) to quash order dated 15.10.2012 passed by learned Sessions Judge, Kishtwar in a criminal revision, whereby order dated 15.2.2011 passed by LD. Chief Judicial Magistrate, Kishtwar granting compulsive bail in terms of section 167(2) of the Code to the petitioner has been set aside. Heard. I have perused the record.

(2.) Facts necessary for disposal of this revision petition, briefly, are these:

(3.) Section 167 of the Code provides for the procedure as regards detention in custody of an accused when investigation cannot be completed within a period 24 hours as fixed under section 61 of the Code. As per the sub-section (1) of section 167, if after arrest of an accused, investigation is not likely to be completed within the period of 24 hours, the arrested accused is required to be produced before the Magistrate forthwith. Sub-section (2) of section 167 empowers the Magistrate to authorize detention of the accused in Police custody or judicial custody for an initial period not exceeding fifteen days. Proviso (a) to sub-section (2) of 167, however, empowers the Magistrate to authorize detention of the accused beyond the initial period 15 days in custody other than the police custody. The proviso at the same time lays an outer limit of sixty days to the total period of custody permissible under section 167 and provides further that on the expiry of said sixty days accused shall be released on bail, if he is prepared to and does furnish bail. If, however, the charge sheet against the accused in the case in which the arrest has been made is filed in the court within the said 60 days, further detention of the accused in connection with trial of the case would be permissible under and shall be governed by section 344 of the Code.