- (1.) 1. The learned counsel for the accused applicant submits that the accused surrendered on 25th January, 2000. Now, more than 60 days have expired but charge-sheet has not been submitted in the Court. Therefore, he is entitled for bail in view of the proviso to sub-section (2) of section 167. He submits that similar view has been taken by this court in the case of Criminal Miscellaneous Case No. 1867 of 1992 in which the offence was under section 399 IPC and punishment was for a term which may extend upto 10 years.
(2.) Same language has been used in section 306 IPC. When the charge- sheet is not filed within 60 days and where the offence is punishable for the term which may extend upto 10 years, he is entitled for bail, if charge-sheet is not submitted within 60 days.
(3.) It is, therefore, ordered that the accused petitioner be released on bail provided he furnishes the personal bond in the sum of Rs. 10,000/- with two sureties in the sum of Rs. 5,000/- each, one of whom must be local, to the satisfaction of the Sub-Divisional Judicial Magistrate, Uluberia. Y.R. Meena, J. R.K. Mazumdar, J. Bail granted.;