MANISH RAI Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This criminal revision has been preferred by the applicant against the order dated 18-3-2010 passed by Judicial Magistrate First Class, Gadarwara, in Criminal Case No. 550/2009, whereby he rejected bail to the applicant under Section 167 (2) of Cr.PC.

(3.) The object behind the enactment of Section 167 of the Code was that the detention of an accused person should not be permitted, in custody pending investigation for any unreasonably longer period. Proviso to Section 167 (2) of the Code prescribes the outer limit which the investigation must be completed. The proviso to sub-section (2) fixes the outer limit within which the investigation must be completed and in case the same is not completed within the said prescribed period, the accused would acquire a right to seek to be released on bail and if he is prepared to and does furnish bail, the Magistrate shall release him on bail and such release shall be deemed to be grant of bail under Chapter XXXIII of the Code of Criminal Procedure. If the investigation is not completed within the period of ninety days or sixty days then the accused has to be released on bail as provided under the proviso to Section 167 (2). The petitioner was arrested on 4-1-2010 and on 18-3-2010 he completed 71 days of judicial custody but no charge-sheet was submitted within 60 days as provided under Section 167 (2) of Cr.PC. Proviso (a) to Section 167 (2) reads as under:-