MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have filed this bail petition under S. 439, Cr. P.C. in F.I.R No. 93/97, Police Station, Molasar under Ss. 166, 342, 330 and 306 read with 34, IPC. The bail application submitted to Sessions Judge, Nagaur was dismissed by him vide order dated 24th October, 1997. The petitioners have filed the application on the ground that the charge-sheet has been submitted against the petitioners after the expiry of 60 days from the date on which the petitioners were taken into custody. The petitioners' contention is that they are entitled to be released on bail under S. 167(2)(a)(ii), Cr. P.C. because the offence under S. 306, IPC is punishable with imprisonment for 10 years and other offences are punishable even less than 10 years. The charge-sheet must have been filed within 60 days under S. 167(2)(a)(ii), Cr. P.C. The petitioners cannot be kept in custody after the expiry of 60 days. This contention was rejected by the learned Sessions Judge while dismissing the bail application.

(2.) I have heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned counsel for the petitioners has submitted that petitioner Mohan Singh was remanded in judicial custody on 2-8-97 and petitioner Bhagirath Ram was sent to judicial custody on 6-8-97 but charge-sheet was not filed on the completion of 60 days. It is streneously argued that S. 167(2), Cr. P.C. clearly lays down that the time limit for filing the challan for the offences punishable with imprisonment for a term not less than 10 years is 90 days. But the offence under S. 306, IPC is punishable not more than 10 years and the time limit for filing the challan for this offence is 60 days. The words "imprisonment for a term of not less than 10 years" used in S. 167(2)(a)(i), Cr. P.C. mean that the minimum punishment provided should be ten years. Since the minimum punishment of ten years is not provided for the offence under S. 306, IPC, the time limit for submitting the charge-sheet shall be 60 days as provided under S. 167(2)(a)(ii), Cr. P.C., which is applicable to 'any other offences'. Since the charge-sheet has not been filed within 60 days from the date of remanding the petitioners to custody by the Magistrate, the petitioners must be released on bail. In support of his contention, he placed reliance on 1997 Cr LJ 2974 (Punjab and Haryana) Om Prakash Gabbar v. State of Punjab.

(3.) The learned Public Prosecutor vehemently opposed the bail application and supported the impugned order. He contended that the offence under S. 306, IPC is punishable for 10 years, the challan can be submitted within 90 days under S. 167(2)(a)(i), Cr. P.C. His main contention is that the words "imprisonment for a term not less than 10 years" in S. 167(2)(a)(i) do not mean that only those offences have been covered in this provision for which minimum 10 years sentence of imprisonment is provided for the offence. It is argued that the negative words used cannot be interpreted to mean that the minimum punishment shall be 10 years and only for such offences the time limit of 90 days shall apply. This provision applies to all the offences in which imprisonment provided is not less than 10 years i.e. all the offences in which the imprisonment is for 10 years or more.