Rakesh Kumar Jain, J. - (1.) The petitioner has applied under Section 167(2) read with Section 439 of the Code of Criminal Procedure, 1973 [for short "Cr.P.C."] for grant of bail in a case registered vide FIR No.266 dated 08.12.2010, under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, 1860 [for short "IPC"] at Police Station Kotkapura, District Faridkot on the ground that the challan has not been presented within the mandatory period of 60 days from the date of his arrest.
(2.) It is contended that the application for bail under Section 167(2) Cr.P.C. was filed before the learned Judicial Magistrate 1st Class, Faridkot which has been dismissed on the ground that challan has been presented before the expiry of 90 days as the sentence under Section 467 of IPC is extendable upto 10 years, therefore, the provisions of Section 167(2)(a)(i) of the Cr.P.C. would be applicable and not Section 167(2)(a)(ii) of the Cr.P.C.
(3.) Learned counsel for the petitioner has submitted that the petitioner was arrested on 15.01.2011. He was produced before the learned Magistrate on 16.01.2011. He remained in police custody upto 18.01.2011 and was thereafter sent to the judicial custody and challan was presented on 11.04.2011. It is further contended that from the date of arrest till the filing of the challan, the period of 86 days had expired and since the punishment under Section 467 of IPC is extendable upto 10 years and is not less than 10 years, therefore, the provisions of Section 167(2)(a)(ii) would be applicable and not of Section 167(2)(a)(i) of the Cr.P.C. In support of his submission, he has relied upon an order dated 28.04.2011 passed by this Court in CRM-M-10219-2011 titled as 'Som Nath and another v. State of Punjab'.;