Basudev Panigrahi, J. - (1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure to release the applicants on bail as they were arrested in connection with Margram Police Station Case No. 98/2000 dated 13.11.2000 arising out of the G.R. Case No. 618/ 2000 under Ss. 498 and 304 of I.P.C. wherein the Sub -Divisional Judicial Magistrate, rampurhat had rejected the prayer for bail. The prosecution story as revealed from First Information Report is as follows: The de facto -complainant's daughter Shyamali was given in marriage to Goutam Mondal as per Hindu rites and customs. It is further stated in the report that while the deceased Shyamali was staying in her matrimonial house, she was subjected to excessive torture as a result of which she could no longer tolerate any torture or humiliation, set herself ablaze on 19.10.2000 by pouring kerosene upon her person. Immediately, thereafter, it is alleged that the victim was sent to Udaypur Public Health Centre at the first instance but, subsequently, she was referred to Rampurhat Sub -Divisional Hospital. Subsequently, she succumbed to burn injuries on 11.11.2000.
(2.) The petitioners, few days after the registration of the case, surrendered themselves in court below on 17.11.2000 and as their prayer for bail was rejected they filed this application.
(3.) Mr. A. Sanyal, the learned Counsel appearing for the petitioners has strongly contended that the petitioners are otherwise entitled to bail since no charge -sheet could be submitted within 60 days from the date of their custody. It has been further submitted that they surrendered to judicial custody on 17.11.2000, as there has been no charge -sheet filed against the accused till today. Therefore, they are otherwise entitled to bail under Sec. 167(2)(a) of the Code of Criminal Procedure. While appreciating the case of the petitioner, it is necessary to quote Sec. 167(2)(a)(l)(ii)of the Code of Criminal Procedure which is quoted here below: The Magistrate to whom the accused person is forwarded at the time authorizes the detention of the accused in such custody as it 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 provided that - (a) the Magistrate may authorize 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 ground exists for doing so, but no Magistrate shall authorize 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 purpose of that chapter.;