STATE OF JANDK Vs. ABDUL RASHID

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge, Bhadarwah, recommending the quashing of the order of the learned Judicial Magistrate 1st Class, Gandoh, dt/-1-12-1982, directing the release of the respondent on bail on the ground that the challan had not been presented within the period of 60 days from the date of arrest of the respondent.

(2.) Learned Judicial Magistrate, Gandoh, it transpires from the record, directed the respondent to be released on bail on 1-12-1982 by computing the period of 60 days from the date when the accused respondent was arrested by the police. The learned Sessions Judge found that the period of 60 days could not commence from the date of the arrest of the accused by the police but from the date when the accused was directed to be detained under the orders of the Magistrate for the first time. That date, according to the learned Sessions Judge, was 3-10-1982 and, therefore, he concluded that the period 60 days had not expired on 1-12-1982 and as such the respondent was not entitled to be released on bail for the alleged failure of the police to put up the challan in the court within 60 days as provided by proviso (a) to sub-sec. (2) of S. 167, Cr.P.C.

(3.) The short question which requires consideration of this court is : What is the starting period for computing the period of 60 days within the meaning of proviso (a) to sub-sec. (2) of S. 167, Cr.P.C, as amended in 1978?