INDRA DEVI Vs. RAJA RAM

JUDGEMENT

(1.) THIS is an application for cancellation of bail under Section 439(2), CrPC.

(2.) THE non -applicant Rajaram was enlarged on bail by the Sessions Judge, Ganganagar, by his order dated 6th July, 1978, under Section 167(5), CrPC, as challan was not presented within sixty days from the date of his arrest. Rajaram was arrested on a charge under Section 302, IPC, on 10 -4 -1978. Charge -sheet was submitted on 9 -6 -1978. The learned Sessions Judge did not enter into the merits of the bail application and proceeded to enlarge the accused on bail on the basis that the charge -sheet was submitted beyond sixty days from the date of arrest.

(3.) THE learned Counsel for the accused non -applicant Rajaram, on the other hand, referred to a decision of this Court in (sic) Singh v. The State of Rajasthan 1978 Cr.L.R. 343 and urged that the period under Section 167(2), CrPC, is inclusive of the period under Section 57, CrPC. The period of remand under the main Sub -section (2) and under the proviso to Sub -section (2) of Section 167 is to be reckoned from the date of the arrest and not from the date of the production of the accused before the Magistrate.