VIVEK SAO @ VIKKY SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE short question to be decided in this case is as to from which date, the period of 90 days or 60 days for completion of investigation of a case as envisaged under Section 167 Cr.P.C. should be counted i.e. from the date of remand to the Judicial custody or any other date.

(3.) MR . Sarkhel, learned Counsel appearing for the petitioner submitted that though the petitioner was arrested by the Police on 04.01.2008 itself, but he was produced before the Court and remanded on 05.01.2008 and thereby, Mr. Sarkhel submitted that since the Police did not submit chargesheet within 90 days from the date of the arrest of the accused/petitioner i.e. from 04.01.2008 and thereby, an application was made before the Court below under the provisions of Section 167(2) of Cr.P.C. to release him on bail under the proviso to Section 167(2) of Cr.P.C..But the learned Court below has rejected the said prayer of the petitioner holding that the chargesheet was already submitted on 03.04.2008 i.e. on 89th day from the date of remand and therefore, the petitioner was no entitled to be released on bail under Section 167(2) of Cr.P.C.