S.A. Bobde, J. - (1.) Leave granted.
(2.) This appeal is preferred against the judgment passed by the High Court of judicature at Allahabad, Lucknow Bench, Lucknow, dismissing the appellant's application filed under section 482 of the Criminal Procedure Code, 1973 (for short, "the Crl.P.C.). The appellant had preferred that application against the order dated 02.05.2017 passed by the Sessions Judge, Lucknow, refusing to release the appellant on bail even though the appellant had been in custody for a period of 60 days. The Appellant had been charged under sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (for short,"the PMLA, 2002") .
(3.) The appellant was arrested on 03.02.2017. He was produced before the Magistrate on 27.02.2017. He remained in custody for a period of 60 days. This period expired on 29.04.2017. No charge sheet was filed till then. The next date, i.e. 30.04.2017 was a Sunday. On Monday, i.e. 01.05.2017,the appellant filed an application seeking bail in default of failure to file the charge sheet. The matter was adjourned to the next date, i.e, 02.05.2017. On this date the prosecution filed a charge-sheet against the appellant. The only question that arises is whether the appellant is entitled to be released on bail because he completed 60 days in custody without respondents having filed charge sheet under Section 167 (2) of the Crl.M.P., which reads as follows : "167(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that- [ (a) the Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days; if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding,- (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;] [(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him; in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;] (c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.";