(1.) The point involved in the present case is as to whether clause (i) of proviso (a) to Section 167 (2) or clause (ii) of proviso (a) to Section 167 (2) Cr. P. C. will be applicable for the offence under Section 304-B IPC?
(2.) The accused-petitioners have filed this application for bail under Section 439 Cr. P. C. in FIR No.710/2004, registered at Police Station, Nadbai, District Bharatpur under Sections 498-A and 304-B IPC.
(3.) The learned counsel for the petitioners contended that the accused-petitioners were arrested on 17-11 -2004 and no challan was filed within a period of 60 days. Even after completion of 75 days from the date of their arrest when charge-sheet was not filed then they moved an application for bail under Section 167(2) Cr. P. C. before the Sessions Judge, Bharatpur. The Sessions Judge, Bharatpur, vide its order dated 18- 2-2005, rejected the bail application of the petitioners by mentioning the reason that the offence under Section 304-B IPC is punishable up to the sentence of imprisonment of life, therefore, the time limit for filing the charge-sheet is 90 days and as such the provisions of sub-section (2) of Section 167 Cr. P. C. are not applicable in the present case. He relied upon the judgment of this Court in the case of Kamlesh v. State of Rajasthan, reported in 2003 (1) WLC 227.
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