ARJUN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused Arjun Singh alias Bhanwar Singh submitted second bail application under S.439, Cr. P.C. in case State v. Bhanwar Singh and others under S.302, 201 and 120-B, IPC pending in the Court of Additional Chief Judicial Magistrate, District (CBI), Jaipur.

(2.) The said application came up for consideration before a learned single Judge, Hon'ble M.B. Sharma, J. by his order dated May 15, 1986, requested Hon'ble the Chief Justice to constitute a larger Bench to resolve the conflict in view of the difference of opinion in various decisions of single Benches of this Court. M.B. Sharma, J. formulated the following points of reference : - (1) Whether in the total period of 90 days or 60 days as provided in S.167 sub-section (2), Proviso (a)(i) and (ii), the date of arrest is to be included or excluded? (2) Whether in a case a challan is filed on the 91st day of the arrest and the cognizance of the offence has been taken against the accused and he is remanded to the judicial custody under S.309, Cr. P.C. whether the accused is still entitled for bail under S.167(2), Cr. P.C.? (3) How the period of 90 days or 60 days in the Proviso (i) and (ii) of sub-section (2) of S.167, Cr. P.C. will be computed, whether 24 hours are to be taken into consideration to count the days or fraction of a day shall also be taken into consideration?

(3.) Hon'ble the Chief Justice constituted a Division Bench for answering the above mentioned points of reference and as such the matter came up for hearing before us.