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2017 (4) TMI 1634 - HC - Indian LawsPrerequisite for seeking statutory bail under Section 167(2) of the Cr.P.C. - whether the date on which the accused is produced before the Court and remanded to the Magisterial custody should be included or excluded in completing the period of 60 days or 90 days for statutory bail? - HELD THAT:- On going through the judgment of RAVI PRAKASH SINGH VERSUS STATE OF BIHAR [2015 (2) TMI 1371 - SUPREME COURT], one can see that the case CHAGANTI SATYANARAYAN VERSUS STATE OF AP. [1986 (5) TMI 265 - SUPREME COURT] has been considered by the Hon’ble Apex Court and in paragraph 12, the Apex Court has held In STATE OF M.P. VERSUS RUSTAM AND ORS [1995 (2) TMI 478 - SUPREME COURT], this Court has laid down the law that while computing period of ninety days, the day on which the accused was remanded to the judicial custody should be excluded and the day on which challan is filed in the court, should be included. That being so, in our opinion in the present case, date 5.7.2013 is to be excluded and, as such, the chargesheet was filed on the ninetieth day i.e. 3.10.2013. Therefore, there is no infringement of Section 167(2) of the Code. Thus, it shall be no longer open for the petitioner to contend before this Court that the date on which the accused is produced before the Court should also be included while computing the period of 90 days under Section 167(1) of the Code of Criminal Procedure. Thus, there is no merit in the petition and it deserves to be dismissed - petition dismissed.
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