MANJUSHRI SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Sarkar, learned counsel appearing for the petitioner as well as Mr. S. Ghosh, learned Addl. P.P., appearing for the State-respondent.

(2.) On the basis of the complaint lodged by one Shri Jiban Krishna Saha, the father of the deceased-victim girl, Officer- in-charge of the Birganj Police Station had registered a case bearing No. Birganj Police Station Case No.BRG/0058 under Sections 498A/326/307/34 of IPC and subsequently Section 306 of IPC has been added in the instant case. The accused- person has been in custody for the last 53 days.

(3.) Without entering into the merit of the case, Mr. Sarkar, learned counsel has submitted that the maximum period of sentence prescribed under Section 306 of IPC is up to 10 years and in that case the statutory period of detention in judicial custody at the investigating stage is 60 days. He further submits that since the petitioner has been in custody for 53 days, he may be considered for granting bail. The present case relates to an offence punishable with imprisonment for a period not exceeding ten years. 3. Mr. Sarkar, learned counsel referring to a decision of the three Judges Bench of the Apex Court in Rakesh Kumar Paul Vs. State of Assam, reported in (2017) 15 SCC 67, has drawn my attention to the paragraph 62, 66 and 67.